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HomeMy WebLinkAboutZBA MEETING 2014-11-18 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A SPECIAL MEETING HELD NOVEMBER 18, 2014 A Special Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Gallery of the Livonia City Hall on Tuesday, November 18, 2014. MEMBERS PRESENT: Matthew Henzi, Chairman Jason Rhines, Acting Secretary Robert Bowling Craig Pastor Benjamin Schepis MEMBERS ABSENT: Robert Sills Sam Caramagno 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 18 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 45 November 18, 2014 APPEAL CASE 2014-10-56 (Rescheduled from meeting of October 21, 2014): An appeal has been made to the Zoning Board of Appeals by Paul V. Dostal, 15430 Edington St., Livonia, MI 48154, seeking to construct a covered front porch onto a nonconforming dwelling, resulting in deficient front yard setback, and constructing an addition to a detached garage, resulting in excess garage area. Nonconformity is based on the existing front yard setback of 35 feet where 40 feet is required. Front Yard Setback: Detached Garage Area: Required: 40 ft. Allowed: 660 sq. ft. Proposed: 29 ft. Proposed: 735 sq. ft. (493 sq. ft. existing) Deficient: 11 ft. Excess: 75 sq. ft. The property is located on the east side of Edington (15430) between Five Mile and Roycroft, Lot No. 064-01-0369-000, R-4B Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10(5), “Definition of Miscellaneous Terms” and Section 5.05, “Front Yard.” Dostal: How are you doing? Paul Dostal, 15430 Edington. Henzi: Mr. Kearfott, anything to add? Kearfott: Not at this time. Henzi: Any questions for Mr. Kearfott? Go ahead Mr. Dostal tell us about the addition to the garage you want to build. Dostal: All right. I have two things that I need to add onto the house. One is the garage and one is the porch. I purchased the house last September so I basically lived through one of the bad winters of last year. I had issues with ice buildup on the front porch because there is no cover for it. The U.S. Post Office actually left a note on my door saying they could not deliver my mail because it is on top of the porch or the mail box is attached to the house so I missed a couple of days of mail. I am out of town frequently so I don’t get a chance to shovel the snow so ice does build up as the snow melts. The water sits on top of the porch and freezes and creates basically an unsafe condition for anybody that tries to step on the porch. I had issues with the steps as well. As the snow melts the water just drips down and builds up on the steps. So what I am asking for there is a--basically a cover. I don’t need an enclosed porch or anything I just need a cover or an extension of the existing roof line to cover that front porch. On the garage, currently I have a two car garage. I’ve got four kids so I need all kind of space to store their bikes, toys and everything else that comes with it. I don’t have any other buildings on the property to be able to store any of these garden tools and toys. So, I’m asking for a-- basically an addition to the existing two car to have a three car garage. Henzi: Can you just tell us about the buildings materials? First for the porch then for the garage? City of Livonia, Zoning Board of Appeals Page 2 of 45 November 18, 2014 Dostal: Sure. As far as the porch I haven’t finalized anything, I’m just thinking pressure treated posts and railings. And then potentially a rail that would extend from the porch two steps down to the main sidewalk. On the garage basically match what’s on the garage. I think it is lap siding, same color, not changing anything. Henzi: On both is it going to be shingles to match? Dostal: Yes. Henzi: Siding to match? Dostal: Yes, the garage has new shingles so I would match that. On the house I would have to re-shingle the whole house to match the garage. Henzi: Okay. Any questions for the petitioner? Bowling: Mr. Chair. Henzi: Mr. Bowling. Bowling: I just realized I need to recuse myself from this. I did business with Mr. Dostal. I did his home inspection last year. Henzi: Okay. Bowling: I just realized. Henzi: You have a familiar face apparently, Mr. Dostal. Dostal: I guess. Henzi: Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You don’t plan on ever enclosing the front porch? Dostal: No. Pastor: You’re just going over the top of the existing slab or are you going to build it a little bit larger? Dostal: Just over the slab, yeah. Pastor: The garage, do you intend to upgrade the power in the garage? Dostal: There is 110 running out there right now. Pastor: So you don’t intend to put any more power out there? Dostal: No. Pastor: Okay, thank you. Henzi: Anything else? Hearing none, is there anyone in the audience that wants to speak for or against the project? If so, come on up to the table. I see no one coming forward, can you read the letters? City of Livonia, Zoning Board of Appeals Page 3 of 45 November 18, 2014 Rhines: Letter of approvals from Katherine Bohnert, 15496 Edington (letter read), Jennifer Grybas, 15451 Edington (letter read), and Andrew J. Foley, Jr. (letter read). Henzi: Okay, Mr. Dostal anything you want to say in closing? Dostal: No, I just thank you for the opportunity. I think it will be a great idea for the neighborhood and obviously an improvement for my house to make it safe with the porch. I’ve already added a driveway for that third bay which is as far as I could go from--besides adding any structures. It’s ready to go basically. The garage won’t be going up until the spring at this point. I would still like to meet timing on the porch if possible. Henzi: Okay. I’ll close the public portion of the case and begin the Board’s comments with Mr. Schepis. Schepis: I mean just looking at the pictures of this ice buildup on the porch, I can see that that is a problem and it looks like what you have proposed will solve that. I don’t have a problem with that. Again with the garage, the excess I don’t think is very much and I can understand the need for some additional space. I don’t think I would have a problem with that either. Dostal: Thank you. Henzi: Mr. Pastor. Pastor: Yes, you have good neighborhood support and the setback on the front yard even though it is a fairly decent amount looking at it it’s not--I think this was a condition because the house was built a little bit too far forward to begin with. So I have no problem with it. The garage is a small excess 75 square feet, I don’t have a problem with that. So I will be in support. Dostal: Thank you. Henzi: Mr. Rhines. Rhines: Yeah, I agree I can be in support of this variance. Since you mentioned that you don’t have any other outbuildings I’d like to include that as a condition that you don’t add any more outbuildings. But other than that I can be in support. Henzi: I too will support it. I think your pictures have made the best case ever for a covered front porch. I think everyone should be able to get their mail without slipping or falling. When I drove out there I noticed the driveway and I think it’s going to look like it was meant--it was built originally that way. It’s a minimal deficiency and I have no problem with that and I think it is going to look nice. So the floor is open for a motion. Dostal: Thank you. Pastor: Mr. Fisher, do we have to do two resolutions or can we include both in one? Fisher: You should do--if you are going to do one for both you should address both in your findings and obviously your conditions. So which ever you think is easier. Schepis: Mr. Chair. Henzi: Mr. Schepis, go ahead. City of Livonia, Zoning Board of Appeals Page 4 of 45 November 18, 2014 Upon Motion by Schepis supported by Pastor, it was: RESOLVED, APPEAL CASE 2014-10-56 (Rescheduled from meeting of October 21, 2014): An appeal has been made to the Zoning Board of Appeals by Paul V. Dostal, 15430 Edington St., Livonia, MI 48154, seeking to construct a covered front porch onto a nonconforming dwelling, resulting in deficient front yard setback, and constructing an addition to a detached garage, resulting in excess garage area. Nonconformity is based on the existing front yard setback of 35 feet where 40 feet is required. Front Yard Setback: Detached Garage Area: Required: 40 ft. Allowed: 660 sq. ft. Proposed: 29 ft. Proposed: 735 sq. ft. (493 sq. ft. existing) Deficient: 11 ft. Excess: 75 sq. ft. The property is located on the east side of Edington (15430) between Five Mile and Roycroft, Lot No. 064-01-0369-000, R-4B Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10(5), “Definition of be granted for the following Miscellaneous Terms” and Section 5.05, “Front Yard,” reasons and finding of fact: 1. The uniqueness requirement is met because the covered porch would eliminate safety concerns from inclement weather and the garage size is appropriate for the lot and the excess garage area is minimal. 2. Denial of the variance would have severe consequences for the Petitioner because of the safety concerns from inclement weather on the uncovered porch and the lack of storage space in the current garage. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the petitioner has support of his neighbors. 4. The Board received three letters of approval and no objection letters from neighboring property owners. 5. The property is classified as “low density residential” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That garage and porch be constructed as presented both verbally and in writing with matching materials to the current garage and home. City of Livonia, Zoning Board of Appeals Page 5 of 45 November 18, 2014 2. That the porch may not be enclosed. 3. That the petitioner may not have any additional outbuildings on the property. 4. That the porch be completed within 90 days and the garage be completed within nine (9) months. 5. That the electrical service in the garage not exceed 110 volts. 6. That the five (5) day waiting period to pull the permit is waived. ROLL CALL VOTE: AYES: Schepis, Pastor, Rhines, Henzi NAYS: None. ABSENT: Sills, Caramagno ABSTAINED: Bowling Henzi: The variance is granted. I will read you the conditions one more time. You can’t enclose the porch. You’ve got to have the standard electrical service. No outbuildings. You’ve got to complete the porch within ninety days, complete the garage within nine months and build it as presented with materials to match. Now, do you want to get going immediately and do you want to ask us to waive the five day waiting period? Because you’ve got to wait five days to get a building permit and if you are worried about pouring footings before-- Dostal: No the footings are there, I’m not changing any of that. Henzi: Do you need to act before-- Dostal: I’ve got to go out of town for a few days so if anything I’ll be at the City Friday afternoon asking for a building permit to do the front porch. Henzi: Do you want to make a motion? Pastor: I make a motion. Henzi: There is a motion to waive the five day waiting period. Support? Rhines: Support. Henzi: All in favor say aye. Board Members: Aye. Henzi: Okay, thank you. Dostal: Thank you. City of Livonia, Zoning Board of Appeals Page 6 of 45 November 18, 2014 APPEAL CASE 2014-07-37 (Tabled on July 15, 2014): An appeal has been made to the Zoning Board of Appeals by Kevin Raymond, 15962 Deering, Livonia, MI 48154, seeking to remove an existing detached garage and construct a new detached garage, resulting in excess detached garage area. Garage Area: Allowed: 660 sq. ft. Proposed: 864 sq. ft. Excess: 204 sq. ft. The property is located on the east side of Deering (15962) between Five Mile and North End, Lot No. 052-02-0055-000, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2:10(5) “Definition of Miscellaneous Terms.” Henzi: Is there a motion to remove from the table? Pastor: Mr. Chair, I’ll make a motion. Henzi: Is there support? Bowling: Support. Henzi: All in favor say aye. Board Members: Aye. Henzi: This is removed. Thank you. Mr. Kearfott, anything to add? Kearfott: Not at this time. Henzi: Any questions for Mr. Kearfott? Hearing none, good evening. Raymond: Good evening. Henzi: Could you tell us your name and address? Raymond: My name is Kevin Raymond. My address is 15962 Deering, Livonia, Michigan. Henzi: Mr. Raymond, you were here once before. I see some changes to the plan based on comments that were made during the meeting. Is there anything else you want to talk about to let us know what you have changed? Raymond: Nothing really, just updated the material list. And then basically updated the existing garage where I was going to put added cement, rip down the existing garage, put the new one behind that and that was about it. And I did get some--it’s kind of hard to get plans from Menards. I did buy a basic blueprint. They don’t really supply you with a blueprints until you do buy the garage package which I wasn’t going to spend the eight grand just to get blue prints until it was approved. Henzi: Shingles to match, siding to match? Raymond: Yes, everything to match the house. Henzi: It’s a standard eight by sixteen door right? City of Livonia, Zoning Board of Appeals Page 7 of 45 November 18, 2014 Raymond: Yep, everything is standard, well I mean it’s insulated other than that it’s just a standard garage. Henzi: Any questions for the petitioner? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You decreased the size of this garage substantially did you not? Raymond: Yes. Pastor: Remind me what you are putting in this garage because I don’t recall. Raymond: Muscle car, firewood. I’ve got kind a wood rat problem and I’ve got natural fireplaces in my house and my neighbors all use natural fireplaces and I’d like to put-- stack all my wood in the garage instead of leaving it outside. So I can eliminate that from my yard. Right now I’ve got my riding mower and my leaf sweeper out in my backyard because I’ve got nowhere to put it. Kid’s bikes, toys, patio furniture, snow blower, just basic stuff really and I’ve got nowhere to put it. Pastor: Do you have a basement? Raymond: Yes. Pastor: Thank you. Henzi: Mr. Raymond, I had a question for you about the permit process and I can’t remember. Were you asking to be able to keep the existing garage until you finished the new garage or were you going to tear down the existing and then build the new one? Raymond: It all depends on how easy it is going to be. I don’t know--because that existing garage is so close to the house I don’t know how it is going to be to get cement back there and stuff. If it is easier to knock it down before I put the new one up, I won’t have a problem with that. But I am basically going to build the new one almost right up against the back of the old one to where I won’t be able to get anything in there until the old one is gone anyway. So I just don’t know how easy it will be to get cement and stuff. Other than that wood and stuff I’m not worried about. It’s just getting cement and stuff back there. Henzi: All right, any other questions? Rhines: Mr. Chair. Henzi: Mr. Rhines. Rhines: When do you plan on doing this project? Raymond: I’ve heard mixed things about concrete, so I might do it in the spring. I’ve heard you shouldn’t do concrete right now just cause you have to add green board and stuff like that or something into the concrete so it won’t crack. And that is the last thing I want to do is worry about it cracking. So I might wait until spring. I’m not sure about it, I have to talk to a couple of different concrete guys to find out for sure what is the best way to go about doing that. Other than that I am ready to do it right now really. City of Livonia, Zoning Board of Appeals Page 8 of 45 November 18, 2014 Rhines: And you are--you’re definitely planning on buying a package from Lowes? Raymond: Yes, oh no it’s from Menards. Rhines: Menards? Raymond: Yes. Rhines: That’s all, thank you. Henzi: Any other questions? Hearing none, is there anyone in the audience who wants to speak for or against the project? If so, come on up to the table. No one is coming up, are there letters? Rhines: Yes. I have two letters. Letters of approval from Elise and Tom Wilson, 15905 Foch (letter read) and Jeffrey Vermillion, 15946 Deering (letter read). Henzi: Mr. Raymond, anything you want to say in closing? Raymond: No, not really. Henzi: Okay, thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Pastor. Pastor: Yes, this is the second time we’ve heard this case. He’s got some neighborhood support. He was able to decrease the size of the garage as some of the Board members requested. So I can be in support of this. Henzi: Mr. Rhines. Rhines: I agree, you know you’ve reconsidered as the Board suggested and you’ve decreased the size of the garage a lot. And the plan seems good and it seems to fit that neighborhood. There is a lot of larger garages in that neighborhood. And there’s absolutely no denials or objections from any of your neighbors. And I can be in support of this. Henzi: Mr. Bowling. Bowling: I too am in support. You did exactly what we asked you to do when we tabled the motion. I think it is a good plan. Henzi: Mr. Schepis. Schepis: I agree, I don’t really have anything to add other than that. Henzi: I too will support it. You came in at almost exactly with what we suggested. I think that you certainly need a bigger garage especially if you’ve got natural fireplaces. And it makes perfect sense to want to store that inside. I think it is going to be a nice plan. Thank you for bringing in the plans. I think it is going to look very nice. So the floor is open for a motion. Pastor: Mr. Chair. Henzi: Mr. Pastor. City of Livonia, Zoning Board of Appeals Page 9 of 45 November 18, 2014 Upon Motion by Pastor supported by Rhines, it was: RESOLVED, APPEAL CASE 2014-07-37 (Tabled on July 15, 2014): An appeal has been made to the Zoning Board of Appeals by Kevin Raymond, 15962 Deering, Livonia, MI 48154, seeking to remove an existing detached garage and construct a new detached garage, resulting in excess detached garage area. Garage Area: Allowed: 660 sq. ft. Proposed: 864 sq. ft. Excess: 204 sq. ft. The property is located on the east side of Deering (15962) between Five Mile and North End, Lot No. 052-02-0055-000, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2:10(5) “Definition of be granted for the following reasons and finding of fact: Miscellaneous Terms,” 1. The uniqueness requirement is met because of the neighbor support and the need for additional storage space his growing family. 2. Denial of the variance would have severe consequences for the Petitioner because of the need for additional storage space for his automobiles and 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 plan is nice and fits the lot and the petitioner has support of his neighbors. 4. The Board received two letters of approval and no objection letters from neighboring property owners. 5. The property is classified as “low density residential” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That garage and porch be constructed as presented both verbally and in writing. 2. That the garage be constructed with materials to match the house. ROLL CALL VOTE: City of Livonia, Zoning Board of Appeals Page 10 of 45 November 18, 2014 AYES: Pastor, Rhines, Schepis, Bowling, Henzi NAYS: None. ABSENT: Sills, Caramagno Henzi: The variance is granted with just two conditions. You’ve got to build it according to the plans you submitted tonight and you’ve got to match the existing materials as close as possible. Raymond: Okay. Henzi: Good luck to you and thank you very much. Raymond: Thanks you guys. City of Livonia, Zoning Board of Appeals Page 11 of 45 November 18, 2014 APPEAL CASE 2014-10-53 (Rescheduled from meeting of October 7, 2014): An appeal has been made to the Zoning Board of Appeals by Daniel P. Mooney, Edge Design Associates, Inc., 1973 High Hollow Drive, Ann Arbor, MI 48103, on behalf of owner John Tenbusch, J. L. Tenbusch Holdings, LLC, 12926 Stark, Livonia, MI 48150, seeking to construct an addition to the north and rear elevations of an industrial building, resulting in deficient north side yard setback. Side Yard Setback: Required: 20.00 ft. Proposed: 12.19 ft. . Deficient: 7.81 ft. The property is located on the east side of Stark (12926) between Schoolcraft and the C and O Railroad, Lot No. 109-02-0017-000, M-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 16.05(b), “Yard and Setback Requirements,” Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for Mr. Kearfott? Hearing none will the petitioner please come forward and tell us your name and address? Schepis: Mr. Chair. Henzi: Mr. Schepis. Schepis: I have a relative that works at Linear so I will excuse myself from this. Henzi: Okay. Go ahead. Mooney: Okay, my name is Dan Mooney. As stated in the application my office is 1973 High Hollow Drive in Ann Arbor. Henzi: Are you the architect? Mooney: I am the architect. I’m joined by the owner, John is here and his general manager Mike Meisner is also here. And I just wanted to point out a couple of things in the application. The biggest more unique thing about the request is that kind of the way industrial buildings react--or the processes that go on in industrial buildings are a little bit different than they were in the past. And the current processes that are happening require a little bit different environment than the rest of the industrial building. And the powdered metals that are used in the 3D printing actually want to reside in a building such as this that’s got a more clean room type atmosphere. And it’s best if they are separated from the rest of the building. And by granting the variance of slightly more than eight feet--less than eight feet, we will be able to make the building a little bit safer by putting a corridor right next to the existing building. And allowing the appropriate room for the machines that will be in each of one of the kind of pods that you see on the plan. And it will also City of Livonia, Zoning Board of Appeals Page 12 of 45 November 18, 2014 allow for safe exiting from the building. That’s probably the main reason for the variance and if you have any other questions I will be glad to answer them. Or if you have any questions about the materials etcetera. Henzi: Go ahead and tell us about the materials. Mooney: The existing building is brick on the front. It had an addition put on it once before quite some time ago. And we have found some brick to match the existing building and so the front would--the front--the part that faces Stark Road would be the existing brick to match. And then along the side we are planning on painted concrete block that matches the rest of the building as well. Henzi: And then you sort of alluded to in the packet but I got the impression your argument is we can’t put anywhere else on the property. It’s got to be on the north side, am I--is that correct? Mooney: It is best suited for the north side. And the addition on the south side allows the mold shop to be relocated and it needs the larger footprint. It won’t fit in the narrower footprint to the north. It just makes the most appropriate use of the building. Henzi: And then the piece of property adjacent on the north, it sort of--I guess it is the non-public extension of industrial? Mooney: Right. Henzi: That leads all the way back to the City’s DPW yard, right? Mooney: Right and I believe it is private right as you enter. You can turn around--you can pull in and kind of turn around. I think there is a landscaping company that is directly across the street from the non-public continuation of Industrial. Henzi: Okay. Any questions for the petitioner’s representative? Pastor: Mr. Chair. Pastor: What are these rooms called Customer A, Customer B, Customer C? Is this something that you are leasing these rooms out or-- Mooney: No, those are just pods that are there for--an example of what might happen in those rooms and for--they are just pods to show that six--I think we’re showing six machines that would fit in there. And it’s just a way to separate the machines that could be dedicated to one person’s company. The work is done for different companies and it’s a way to separate Company A’s business from Company B’s business. It will always be the owners business but the machines might be dedicated to a certain company and that just allows them to be kind of segregated one from another. Pastor: So you’re saying basically that Customer A may be Ford, Customer C may be Chrysler but the plant owns all the machinery they are just trying to separate the use of the machine to different companies? Mooney: That’s correct. Pastor: Okay, that’s all I have. City of Livonia, Zoning Board of Appeals Page 13 of 45 November 18, 2014 Henzi: Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Mr. Kearfott, parking--do you we--I assume--I know they have lots of room in back but do they meet all the parking requirements? Kearfott: I didn’t see anything on there where they were deficient in parking. Pastor: Okay. Henzi: Anything else? Bowling: Mr. Chair. Henzi: Mr. Bowling. Bowling: Mr. Kearfott, do we know if they have had any issue from the police department just in terms of access or anything like that? Police or fire with just taking extra space on that side? Nothing that they are concerned about with that? Kearfott: I haven’t heard no feedback on it. Randy didn’t say anything about that. Bowling: Okay. Henzi: Anything else? Rhines: Mr. Chair. Henzi: Mr. Rhines. Rhines: When do you plan to start the project if it is approved--if the variance is approved? Mooney: Do you want to comment on that, John? Tenbusch: Spring of 2015. Rhines: Okay, thank you. Henzi: Anything else? I hear no other questions, is there anyone in the audience that wants to speak for or against the project? If so, come on up. I see no one coming forward are there letters in this case? Rhines: I don’t have any. Henzi: Okay. Mr. Mooney, anything you want to say in closing? Mooney: No, if you have any other questions I will be glad to answer them. Henzi: Okay, thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Rhines. Rhines: I think I can be in support of this. I’m going to listen to the comments of the other Board Members and see if there is anything that somebody else picked up on that I’m overlooking. But you know it’s not a--it’s not a huge deficiency. I’m sure it’s not going to City of Livonia, Zoning Board of Appeals Page 14 of 45 November 18, 2014 be the only building in that area with deficiencies. And the City of Livonia, we try to support businesses as long as it doesn’t inconvenience the neighborhood around them. And unless I am missing something I don’t see any reason it would. I think I could be in support of this motion. Henzi: Mr. Bowling. Bowling: I think I am in support. It is a real small variance. The area to the north is just- -appears to be an even easement with the City owned property and I think it is great for the City. I love to see the expansion. Henzi: Mr. Pastor. Pastor: Yes, I drive by this building quite often. My building is right down the street from it. I see no problems with the addition. I’ve actually driven around the back, they’ve got lots of room back there. So I will be in full support. Henzi: I too will be in support for the reasons that have already been stated. I would treat this the same as if it were in a neighborhood. The best argument is that you are actually at 160 feet away from the next building and a seven foot encroachment to me is not significant so I am happy to grant it. I will also say that this is the kind of case that when I have to report to the City Council about the state of affairs with Zoning Board, I will tell them this kind of development is going on. That there’s development in the Industrial Corridor of the City where somebody wants to do industrial work, business is expanding and they are building on and doing new things which I think is terrific. I think your plan is well suited. The comment about the parking is a good comment because I think you might run out of parking the busier you get and that’s a good problem to have. But you’ve got room in the back to make a lot, but that was a good question or a good topic to bring up too. 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 2014-10-53 (Rescheduled from meeting of October 7, 2014): An appeal has been made to the Zoning Board of Appeals by Daniel P. Mooney, Edge Design Associates, Inc., 1973 High Hollow Drive, Ann Arbor, MI 48103, on behalf of owner John Tenbusch, J. L. Tenbusch Holdings, LLC, 12926 Stark, Livonia, MI 48150, seeking to construct an addition to the north and rear elevations of an industrial building, resulting in deficient north side yard setback. Side Yard Setback: Required: 20.00 ft. Proposed: 12.19 ft. . Deficient: 7.81 ft. City of Livonia, Zoning Board of Appeals Page 15 of 45 November 18, 2014 The property is located on the east side of Stark (12926) between Schoolcraft and the C and O Railroad, Lot No. 109-02-0017-000, M-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 16.05(b), “Yard and Setback be granted for the following reasons and finding of fact: Requirements,” 1. The uniqueness requirement is met because the business is expanding and in need of additional space to segregate machinery. 2. Denial of the variance would have severe consequences for the Petitioner because business cannot expand and does not have adequate space to segregate machinery. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the petitioner has no opposition from surrounding neighbors and the side yard setback deficiency is minimal. 4. The Board received no letters of approval and no objection letters from neighboring property owners. 5. The property is classified as “industrial” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the addition be constructed as presented both verbally and in writing. 2. That the petitioner has one (1) year to pull the permit. ROLL CALL VOTE: AYES: Bowling, Pastor, Rhines, Henzi NAYS: None. ABSENT: Sills, Caramagno ABSTAINED: Schepis Henzi: The variance is granted with those two conditions. You’ve got to pull the permit within a year and then build it as you presented it with materials to match. Good luck. Mooney: Thank you. Tenbusch: Thank you. City of Livonia, Zoning Board of Appeals Page 16 of 45 November 18, 2014 APPEAL CASE 2014-10-59 (Rescheduled from meeting of October 21, 2014): An appeal has been made to the Zoning Board of Appeals by John Morris, 20111 Antago, Livonia, MI 48152, seeking to construct a covered front porch, resulting in deficient front yard setback. Front Yard Setback: Required: 25.0 ft. Proposed: 17.3 ft. Deficient: 7.7 ft. The property is located on the west side of Antago (20111) between Fargo and Norfolk, Lot No. 001-04-0175-000, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 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: Not at this time. Henzi: Any questions for Mr. Kearfott? Hearing none, good evening. Can you tell us your names and address? Morris: Good evening. My name is Darlene Morris. I resided since 1996 at 20111 Antago in Livonia. Jason: And I am Jason from Wayne Craft at 13525 Wayne Road in Livonia. Henzi: Okay. Go ahead and tell us why you want to build a covered front porch? Morris: The covered front porch for two reasons. The east sun that comes in the front window is very harsh. I’ve had an awning on there before it was ruined and I am wanting to put the awning back up. Energy efficient, it is very warm with that east sun come summer time. Henzi: And then can you tell us about the building materials? Jason: The building materials themselves, it’s going to be constructed out of a rolled form aluminum. The aluminum itself is already powder coated in various colors to her preference. It will be supported by three support columns. Those are also going to be two and a half inch square and those will be extruded aluminum and powder coated. There will be no wood it will be all aluminum. Henzi: Any questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Standard question. Do you ever plan on enclosing this porch? Morris: Enclosing it? No. City of Livonia, Zoning Board of Appeals Page 17 of 45 November 18, 2014 Pastor: Okay, that’s all I have. Henzi: Any other questions? Hearing none, is there anyone in the audience that wants to speak for or against the project? I see no one coming forward, can you read the letters? Morris: I’m not sure they heard you. Henzi: Is there anyone who wants to speak for or against the project? Lorraine Yonkoviac: The problem with the awning is that what you are asking? Henzi: Yeah, would you like to say that you are in favor or against it? Yonkoviac: As far as I’m concerned I already okayed it. She’s done nothing but fix up that house. And that awning is not going take anything away from the neighborhood or the house. Henzi: And what is your name and address? Yonkoviac: Lorraine Yonkoviac. Henzi: What’s your address? Yonkoviac: 20041 Antago. Henzi: Thank you. Anybody else? Rhines: Yes. Letters of approval form James Williams, 20035 Rensellor, Lot 93, (letter read), James Williams, Lot 94 (letter read) and Jennifer Mosier, 20130 Antago, (letter read), Zohrab Jermakian, 20025 Antago Street, (letter read), and Andrew Matthews, 20108 Antago, (letter read), and Lorraine Yonkoviac, 20041 Antago (letter read). Henzi: Okay, anything you want to say in closing? Morris: No thank you. Henzi: Okay. I’ll close the public portion of the case and begin the Board’s comments with Mr. Bowling. Bowling: I think it is perfectly acceptable, I’m in full support. It’s a minimal deficiency and I think the other properties on the street, I see several of them, that are as close or closer. Henzi: Mr. Schepis. Schepis: I would echo that and just add that clearly your neighbors support it, so I will too. Henzi: Mr. Pastor. Pastor: Yes, you have great neighborhood support. The porch is already there so I don’t really understand why an awning over the top of it makes a difference but I will be in full support. Henzi: Mr. Rhines. Rhines: I agree with the Board. I will be in support. City of Livonia, Zoning Board of Appeals Page 18 of 45 November 18, 2014 Henzi: I too will support it. I parked on Fargo and looked north on Antago and the houses are different setbacks, some even closer. So to me this is a no brainer. It is going to look very nice. So the floor is open for a motion. Upon Motion by Pastor supported by Rhines, it was: RESOLVED, APPEAL CASE 2014-10-59 (Rescheduled from meeting of October 21, 2014): An appeal has been made to the Zoning Board of Appeals by John Morris, 20111 Antago, Livonia, MI 48152, seeking to construct a covered front porch, resulting in deficient front yard setback. Front Yard Setback: Required: 25.0 ft. Proposed: 17.3 ft. Deficient: 7.7 ft. The property is located on the west side of Antago (20111) between Fargo and Norfolk, Lot No. 001-04-0175-000, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 4.05, “Schedule of Minimum Front and Rear be granted for the following reasons Yard Requirements in R-1 through R-5 Districts,” and finding of fact: 1. The uniqueness requirement is met because the addition of an awning will not change the setback of the existing porch, and there is no consistent setback on this street. 2. Denial of the variance would have severe consequences for the Petitioner because of the hazardous conditions caused by snow and inclement weather and the inability to filter the sunlight. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the petitioner has support from surrounding neighbors. 4. The Board received five letters of approval and no objection letters from neighboring property owners. 5. The property is classified as “low density residential” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the porch may never be enclosed. City of Livonia, Zoning Board of Appeals Page 19 of 45 November 18, 2014 ROLL CALL VOTE: AYES: Pastor, Rhines, Schepis, Bowling, Henzi NAYS: None. ABSENT: Sills, Caramagno Henzi: The variance is granted you just can’t enclose the porch. Morris: I’m not enclosing it. Okay, thank you. Henzi: Good luck. Oh, did you need us to act so that you can pour fittings or do anything? Jason: No they will be supported on the cement porch itself. Henzi: Okay. City of Livonia, Zoning Board of Appeals Page 20 of 45 November 18, 2014 APPEAL CASE 2014-11-60: An appeal has been made to the Zoning Board of Appeals by 20595 Livonia, LLC, 40400 Garfield, Clinton Twp., MI 48038, on behalf of Lessee Michigan Schools and Government Credit Union, 20595 Farmington, Livonia, MI 48152, seeking to erect a commercial building (credit union) on property, resulting in deficient setback from the north (Eight Mile) and east (Farmington Road) property lines. Note: all setbacks are measured to drive-thru canopy. North Front Yard Setback: East Side Yard Setback: Required: 60 ft. Required: 60 ft. Proposed: 28 ft. Proposed: 27 ft. . Deficient: 32 ft. Deficient: 33 ft. The property is located on the west side of Farmington (20595) between Eight Mile and Norfolk, Lot No. 013-99-0001-000, C-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 11.09, “Front, Side and Rear Yard Requirements.” Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for Mr. Kearfott? I just had one. Scott, do you know if the old gas station had a variance for either setback? Kearfott: I do not know that. Henzi: Okay. Any other questions? All right can the petitioner’s representative please come to the table? Blanek: Good evening. Henzi: Good evening. Blanek: My name is Mike Blanek. I’m with the firm Stukey-Vitale Architects, 27172 Woodward in Royal Oak. Farney: Debbie Farney with Michigan Schools and Government Credit Union, 40400 Garfield, Clinton Township, Michigan. Henzi: Mike, can you spell your last name? Blanek: It’s B-l-a-n-e-k. Henzi: Okay. Go ahead and tell us about the proposed-- Blanek: As described in the reading there this will be--this was a former service station site that has obviously been demolished since the credit union purchased the property. Our proposal is to put a new credit union on that corner. We’ve been to site plan approval and City Council and we’ve got unanimous support from those bodies. One thing we try to do with that site--it is a corner site so we have two front yard setbacks so it obviously greatly impacts what you are able to develop on the site. So a couple things with this project, obviously it is a financial institution. We want good visibility and we also want City of Livonia, Zoning Board of Appeals Page 21 of 45 November 18, 2014 access around the building which obviously the fire department likes too. So if we were to try to shove this building in the corner you can’t achieve access, security, all those kind of go away. Plus parking--we meet the parking requirements. We have just enough parking to make this site work with the size of the building that we placed on it. So our proposal is--we think that with this development we’ve also taken out one of the corner ingress egress. We’ve pushed it as far away from the intersection as possible with this plan which obviously increases the safety from cars coming out of the site because it is farther away from that corner. And it makes the pedestrian traffic a little safer at that corner as well. So, our proposal with the two setbacks, obviously that’s deficient-- something that we kind of have to overcome with the two front yards but we feel this is a good solution to this site based on those items plus the type of financial institution we’re putting here. And this will be a great addition to the City at that corner. And that gas station from the plan I have here the setbacks look like they were about five feet on the one--on Eight Mile and twenty feet on Farmington Road. So we’ve pushed it back--this back as far as we can to make that--improve what was there before. And then I don’t know if you want to see-- Pastor: Can we see that? Blanek: --what the materials are? I’ve got a rendering here, I can show you what it looks like. Henzi: Yeah, do you mind passing that around? Blanek: Sure. Pastor: Not the rendering but the gas station plan. Blanek: Yeah, I can pass that around too. I’ve got the gas station plan. Henzi: We normally have an easel but I don’t see it. Blanek: I can pass it around. It is a brick and stone building and glass, you know. And so the drive-thru, you can see the drive-thru there is a little canopy that kind of juts out there. That is really our edge of that canopy that we’re--part of our setback there that we need the variance for, that edge. If you flip it over I’ve got the site plan blown up on the other side for you too. Rhines: Can you guys see it? Pastor: I can see it. Rhines: Okay. Pastor: I’m good with it. Rhines: This is the gas station before? Pastor: Yes. Blanek: So with that, we’re here to answer any other questions you might have on our development. Henzi: Mr. Blanek, you said the canopies were only five feet setback? City of Livonia, Zoning Board of Appeals Page 22 of 45 November 18, 2014 Blanek: That’s what I--I just kind of scaled it off this drawing. This obviously--the property line is there, this edge was about five feet on the Eight Mile Road side. And then the other one looks like--I scaled--there’s a scale on the drawing so I just scaled it real quick to put that in perspective. Henzi: Okay, any questions? Hearing none, is there anyone in the audience who wants to speak for or against the project? Colburn: I do. Henzi: Come on up. Colburn: Hi. Henzi: Good evening. Colburn: My name is Sarah Colburn and I want to thank you for letting me speak on behalf of Scott Colburn’s Boots and Western Wear and McMay Realty. In the 1970’s my father, Scott, bought a piece of land in Livonia and built this store at Farmington Road and Eight mile. For 40 years we have faithfully paid sales and property taxes in a timely fashion and have been part of the history and growth of the community. I’m here tonight to express our concerns regarding the appeal made by the Michigan Schools and Government Credit Union to change the required sixty foot setback to only 27 feet a significant departure putting it 33 feet closer to Farmington Road which is my understanding. We object on the strongest terms possible to this variance which impedes the view of southbound traffic on Farmington Road. Eight Mile and Farmington Road is a very busy intersection and visibility is extremely important for our customers to safely exit our driveway. They have to be aware of traffic coming from the busy intersection and also the ten closely located surrounding driveways. Several years ago a vehicle pulled out from a driveway directly across the street from our store into the path of a northbound semi-truck causing it to jackknife across all lanes of traffic. Tragically the semi hit a southbound vehicle killing the driver. The proposed 33 foot deficit setback is dangerous and sets a bad precedent. Second to safety but very important to our business success is that our store remain visible as we are setback more than 60 feet. We are brick and mortar, ma and pa, second generation, made in Michigan small business. We continue to be a destination location bringing folks from inside and outside Michigan who want to smell the leather and have a unique urban cowboy in Livonia, Michigan experience. I want to be clear that we welcome the credit union to the, for too long, desolate corner. Thank you. Henzi: Thank you. Did you get a chance to look at the plan? Colburn: I just was gazing at it for the first time. Henzi: Okay. Colburn: It’s clean. Pastor: Can you comment on what you see in the plan? Colburn: I’m sorry? City of Livonia, Zoning Board of Appeals Page 23 of 45 November 18, 2014 Pastor: Can you comment because obviously you prewrote that before you saw the plan? Colburn: Yes, I just saw the drawing. Pastor: Can you go over it with her? Blanek: I just want to point out. Colburn: Mm-hmm. Blanek: The old site had an access here and three ways in and out of this site. There was another here. Colburn: Now wait a minute. Blanek: What our plan does it takes it-- Colburn: You’ve been looking at this, I haven’t. Blanek: Your store is down here I believe right? Colburn: Thank you. Blanek: Down the street. Colburn: We’re right next door, we are not down the street, we are right next door. Blanek: Right next door, okay. Colburn: They had some-- Blanek: I know your setback, so what we’ve done to increase this-- Colburn: They had a medical center somewhere and something that was incorrect I looked at. Blanek: Yeah, okay, and that might be from an old survey I’m not sure. Colburn: Yeah, that medical center is not there. Blanek: Okay. Colburn: We’re right there. Blanek: But let’s just look at this site plan with the three accesses. What we’ve done is take this one out so that obviously keeps cars farther away from this intersection. We’ve pushed this all the way back, as far back on the site as we can obviously to increase visibility for all traffic coming from both directions. Because now you are not pulling out here right at the intersection of the light. This is the existing Eight Mile Road that hasn’t changed. That will be the same. But unlike the canopy the old gas station had the canopy right here where cars were pulling out right on to Eight Mile. This is pushed back and we’ve angled it so there’s a point where you can actually see the traffic before you even start to pull out into the intersection. Plus we pushed the building back as far as we can so visibility wise this is just a canopy. That visible side from the intersection here you’ve got quite a panoramic view past the angle of the building to your building so we really are not going to impede-- City of Livonia, Zoning Board of Appeals Page 24 of 45 November 18, 2014 Colburn: I’m not sure that’s our building. Blanek: I’m not sure-- Henzi: Mr. Blanek, Mrs. Colburn, if you have a side conversation our minutes are completely screwed up. Blanek: Like I said we’re--I think we’re making it safer by losing one of the accesses into the site. You’re going from three to two so we’re taking one of those out and we’re pushing it back. So from a safety stand point for vehicular traffic and pedestrians on the corner now you don’t have any--somebody can be at the corner and they don’t have to worry about a car pulling out in front of them as they try to walk across the road. So we’ve tried to make this a safer site by eliminating this one Farmington Road ingress egress that is existing today--as exists right now. That’s the way it’s configured. Just as a side view, that was our plan to try and make it safer. Henzi: Okay. Pastor: Miss Colburn, can you comment to what he just told you? Colburn: Well, a number of those issues aren’t even of concern for me. Pastor: They pushed back the canopies further from the street from the original gas station. Colburn: Well that-- Pastor: Because what the variance is, is on the canopy not on the building. Blanek: Right. Colburn: I understand. Pushing it back from Eight Mile is not my concern. Blanek: Well this is 28 and they are about equal distance from each corner within a foot. Pastor: And the old canopies were much further forward. Blanek: Was about 20 feet on the old one. Pastor: Right. Blanek: On the Farmington Road side it was about--if you look at this plan here, I’ve highlighted the old gas station. This distance was 20 feet so we’ve pushed it back another seven feet and angled it too. So we’re like on an angle. So at that angle our dimension is to this corner here. It’s farther back actually if you go to the building it actually goes farther back into the site than the old canopy that was the gas station. So we tried to improve the geometry of the building on the site from the previous building as best--as much as we can. No matter what building comes there’s going to be some kind of a variance because it’s a corner site. So you have two 60 yards. You have 60 feet here and 60 feet here, that’s one of our challenges with this site because it is a corner site. Colburn: So then the discussion is whether I liked that canopy in the gas station? Pastor: Well, I’m just asking--I’m just asking you because we’re going to make our decision either way but I’m just asking you. Do you understand that they’ve done-- City of Livonia, Zoning Board of Appeals Page 25 of 45 November 18, 2014 Colburn: It was like the old--yes, I do--this helps to have this explanation. Pastor: Okay. Colburn: And I do remember that canopy, mostly the one on the east side. Pastor: Okay, thank you. Colburn: That’s my main concern. Rhines: Mr. Chair. Henzi: Mr. Rhines. Rhines: When that old canopy from the gas station was there, I mean do you ever remember coming south bound let’s say from Nine Mile? Do you remember that canopy where it was at did it block the sign to your building? Colburn: It may have blocked--it may blocked not to the sign--you mean our sign out in front? Rhines: Yeah, if your concern is--one of the concerns being safety of course and other one being decreased visibility. I was just wondering when the gas station used to be there do you remember that blocking the view? And I’m just asking because it seems to- -I know exactly where your building is at but I’m not sure where the sign sits in relation to the road. It was dark when I drove by so I didn’t see if there was a sign closer to the road or further back. Is the sign just on your building or do you have one out front? Colburn: There is one out in front but that actually needs to be at some point reconfigured because it is forty years old now and things have changed a bit. People drive by and call us from across the street sometimes to find us literally. It was more country then. And yeah when the garage--when that gas station was gone it was great. I mean we were visible. We hadn’t been that visible, we were hard to find. People would call us from the gas station to find us. Rhines: Well if you put a new sign would they be able to be close enough to the road to be visible past the credit union? Blanek: Well I would--our sign--you could put a sign out at your property line like we are showing here on the corner so you would obviously be able to put--should be able to move it up quite a bit. Colburn: I don’t know, that’s something I was actually going to get into pretty soon because it needs to be looked at. We need some--definitely need some more visibility whether a sign would solve that problem I don’t know. It depends on-- Henzi: The building department will tell you how far you can come. Colburn: Yeah, but I don’t-- Henzi: We just want to make sure you had an opportunity to see it because lots of times people get something in the mail and that is stark, deficient 32 feet. You know it’s a third closer to the road than it is supposed to be but in reality when you look at what the gas City of Livonia, Zoning Board of Appeals Page 26 of 45 November 18, 2014 station looked like and you look at this plan we just wanted to make sure you understood what was being proposed. Colburn: Well the gas station wasn’t great. I mean it was a problem you know visibility wise because it did come out quite a bit farther. And this will too. Henzi: Did you attend any of the Planning Commission or City Council meetings? Colburn: I didn’t know there was one and I was told it was in the paper. I--which is legal I know but I didn’t-- Henzi: Well that is another function of the way the City works and that you got a letter that told you exactly what was happening. Colburn: Okay. Henzi: But you don’t get a letter when the credit union comes before the City Council. Colburn: Okay. Henzi: I bring that up because this has been talked about it. Colburn: Yeah. Henzi: And the way that I explain it the ball is on the one yard line and we’re looking at the setbacks only not whether they can build the credit union. Colburn: Right. Henzi: So I just wanted to let you know--make sure you understood the process in the City. Colburn: Thank you, because I don’t. I’m learning. Thank you very much. I’m glad something is being built there. That’s great, that’s been agreed to. We’re talking about the setback at this point and that’s--I’m not concerned about a credit union. I think its great something--and this looks very nice. I’m concerned with the--what the City at some point and time has decided was to be the setback and that that is changing at this point. Which would--well it is not changing for that corner but it was going to finally maybe get fixed and it is remaining the same for us in terms of visibility. Henzi: Understood, that is a valid point. Any other questions? Okay, anybody else want to speak for or against? Salmeto: If I could please? Henzi: Sure. Salmeto: My name is Larry Salmeto, 33455 West Eight Mile, the building or property adjacent to the west side. My concerns which are pretty simple ones I think. What Miss Colburn had to say--my biggest concern I think is when we talk about the visibility part. And I don’t know how exact this site plan is as far as the trees that are right up here next to the sidewalks and then also these over here. Which I think she didn’t touch on but I think would be a valid thing. Colburn: I didn’t even notice them. City of Livonia, Zoning Board of Appeals Page 27 of 45 November 18, 2014 Salmeto: Not knowing these trees here and the way that our property actually sits next to it and I guess what is good for us is we sit 33 inches from the property line. We’ve been there for 63 years. My concern is with the size of these trees or the type of tree that is going to be there. If you look at the way that the property lays, our property or our driveway actually sits probably about four feet lower than what the their land does. And what my concern is, is that we actually run into a lot problems when people are pulling out onto the roads--I’m sorry out onto Eight Mile that we run into a problem with bikers going across there unfortunately not realizing that there might be somebody pulling out. I see--I see a big problem with multiple trees on the site plan. My other thing is is that the signage part of it and I think I read something. I was not at any of the other previous meetings but my question about signage which I thought was brought up and was going to be addressed today as far as how much is going to be there. I see that they do have a sign out here but I thought that there was a question at some point as far as the 90 square feet of signage and how that was going to be handled. And I thought that was going to be addressed as well today. Henzi: No, there is no request for a variance regarding signs. Salmeto: Well I thought that was the contingency that it was asked at a previous-- Blanek: What they talked about was we’re in compliance with the sign ordinance. What they allowed us to do was we’re allowed ninety square feet. What we are going to do is do two smaller signs on the building. Salmeto: Okay. Blanek: Reduce the size of these signs to get an extra one on the building. To split them up into small components. Salmeto: Correct. Is this a sign? Blanek: That’s a monument sign. That’s a ground mounted sign that is permitted by the City Ordinance. So that is in compliance with the City Ordinance. Salmeto: And the total of the three signs add up to the ninety or less than the ninety? Henzi: No, I’ll read you directly from the City Council Resolution. The total area of all wall signs together shall not exceed 90 square feet. There was no resolution about what the ground sign plus the wall signs would total. So as far as this Board is concerned the petitioner is in compliance and doesn’t need a variance for signs. Blanek: Right. Salmeto: Okay. So I guess my biggest-- Henzi: As of today. Salmeto: Sure. Pastor: Yeah. City of Livonia, Zoning Board of Appeals Page 28 of 45 November 18, 2014 Blanek: So these trees here, just to point out, these are existing on the site, these four. These two here and those two there are existing trees. And we have a landscape ordinance that we have to comply with-- Salmeto: Right. Blanek: --too at the City level so we are in compliance with that. We left those existing-- we left those trees. Salmeto: And these two here? Blanek: Those are new trees to meet the ordinance requirement. They are three inch caliber trees they are smaller trees. And another thing we did to your point about--we have a stop bar here that we are going to put in so cars that come out will stop. Salmeto: Mm--hmm. Blanek: So if there is any pedestrian traffic, that’s why we angled this to give them a little more visibility to see pedestrians coming down the road. Salmeto: Well, I’m not--I have no problem with that part. My concern is at this point someone is going to stop here and continue through but does not know--my question to you actually was what type of tree was going to go-- Blanek: They are called out as an elm--a Triumph Elm which is a-- Salmeto: So it’s basically going to be some kind of a taller-- Blanek: Deciduous tree--tall-- Salmeto: Have a canopy top? Blanek: Have a little canopy on it and obviously in the winter the leaves go away. Salmeto: Okay. Now my other question and I’m sorry the gentleman that you had mentioned--that you were asking about the canopies. My question was when we were talking about the canopies and the difference between what was there and what was--I’m going--I’m pretty confident for the 33 years I’ve been working there--I’m pretty confident that the canopies that are being put up there are considerably lower than what was existing with the gas station. And then when you talk about sight line, somebody coming southbound on--or actually on either of the roads but coming southbound that that sight line is going to be dropped considerably I’m pretty sure. Blanek: Well they are like twelve feet for a canopy but remember we are angled here. We’re set back. Salmeto: Right. Blanek: This distance is actually greater by it being on an angle from the corner so the sight line like you said this is--we’ve kept this angle pretty--you know if you’re coming up this way you are going to see that intersection a lot sooner than the old ways because the canopies came straight out closer to the road. Salmeto: Right, I’m looking at a few things. I’m looking at the safety part of that but I’m also-- City of Livonia, Zoning Board of Appeals Page 29 of 45 November 18, 2014 Blanek: Right, plus we took out that road, that other drive we’re talking that out at the corner. Salmeto: Correct. Blanek: Which obviously-- Salmeto: The one over here? Blanek: Yeah--no the one right here actually. Salmeto: Right. Blanek: There were two here, we took these out. Salmeto: I think there was one there too originally. Blanek: And we’re pushing it--there might have been I think I saw it on an old plan. We’re pushing it way down here. Salmeto: Correct. Blanek: Because this is our parking so the members are going to come in and out of here probably because it is away from the intersection. Salmeto: I understand. Blanek: It is easier to get in and out. Salmeto: My concern was the height of these dropping a canopy as big as that and dropping that down and again going to visibility whether it is traffic or the businesses like theirs and mine that have been there forever. And the effect it can possibly have on our businesses. I mean-- Henzi: Okay, thank you. Does anybody else want to speak for or against the project? I see no one else coming forward. Are there letters? Rhines: No. Henzi: Mr. Blanek, anything you want to say in closing? Blanek: You know I just thought we tried to make this--improve the sight line this project- -this site was our new financial institution as best we can. We studied a lot of geometry with this site and this was the most--the plan that meets all the ordinance--most the ordinance requirements except for the setback. We meet all the other requirements that the City wants us to follow so I feel it’s a solid, good solution to the site. Henzi: Thank you. I’ll close the public portion of the case-- Salmeto: I’m sorry, could I ask one last question? The canopies, are they greater than what is--is it greater than what the zoning would normally be? My other question for it is as far as when you have a canopy that is that size as far as the drainage, the water from it, the run off? Henzi: What do you mean size height? City of Livonia, Zoning Board of Appeals Page 30 of 45 November 18, 2014 Salmeto: Well when you put a canopy up that big, as far as the roof, well that the canopy I think it’s not just--I think it is everything about the canopy that is in question. Henzi: Scott, do you know? Salmeto: So my question to you-- Blanek: All of our drainage is internal. Kearfott: What is the question? Blanek: So it goes into the system. Pastor: He’s worried about-- Henzi: He’s worried about-- Pastor: --water runoff. Henzi: --water runoff. Blanek: Yeah, there’s no--the canopy-- Kearfott: Wasn’t there a canopy before for the-- Salmeto: But where did it drain to before? Blanek: Probably to some underground system which we have to rebuild. Salmeto: That’s what I was asking if we’re putting up a canopy that big I just want to make sure-- Kearfott: I don’t think it can be done-- Salmeto: You’ve got to remember I sit four feet lower than they do. Kearfott: It probably drained into the parking lot and then into the storm drains. Blanek: Ours is internal. So it won’t even--that canopy is all internal so it won’t even be- -we’re not adding-- Salmeto: So it doesn’t go out--it doesn’t go out over to the property, out to the road? Blanek: No, it’s all contained inside of it and into the City system. Salmeto: Okay. Kearfott: And isn’t there less canopies then what was there before? Blanek: There is less then what was before yes. The gas station had a much larger footprint of canopy which drained on the parking lot and then into the catch basin. Ours is a smaller and they are internal so it is less runoff. Kearfott: But theoretically you’re going to get the same amount of rain no matter what. Blanek: Yeah, it’s how you control it once you get it. We’re capturing it and putting it in a system as opposed to spilling onto the pavement into the system. Kearfott: We’re not increasing the amount of water? City of Livonia, Zoning Board of Appeals Page 31 of 45 November 18, 2014 Blanek: No, and we’re keeping it in a closed system as much as we can. Kearfott: Right. Salmeto: Okay. Blanek: So it would be less water runoff. Salmeto: What is the height of the canopy do you know? Blanek: It’s--I do have that here. So our bottom is eleven feet and then that’s a three foot so were at thirteen feet at the high elevation. Salmeto: Okay, thanks. Blanek: You’re welcome. Henzi: I’ll close the public portion of the case and begin the Board’s comments with Mr. Bowling. Bowling: I think welcome to Livonia to another business. From what I can see in terms of looking at this and the site plan, I think the visibility of Colburn’s is going to be better than it was with the old gas station there. So my feeling is that’s--I think that is a fair way to look at this. I’d like to hear what the other members think but right now I think I would be in support of the proposed variance. Henzi: Mr. Schepis. Schepis: I would agree. The comments are well taken but I drive by this every day. It’s a vacant lot and I think it would be great to have something there. I’m convinced that you’ve taken the time to sort of think through the issues that have come up and addressed them in a thoughtful way that I think makes sense for the lot and for the area. So I would be in support but I’d would like to hear what other thoughts the Board has. Henzi: Mr. Pastor. Pastor: Yes, I will be in support of this. They have a difficult situation with this lot. You have two front yards setbacks. I rarely say this, but is one of the better plans I’ve seen where they’ve thought about--just about everything on the site plan. They have enough parking. They didn’t over sign it. It’s a nice looking building. I mean I find very little--very little problem with it other than your parking spaces are too shallow. I drive a big truck, what can I say. But I think you’ve done a very nice job with this. I really--I rarely say that on projects like this and I build projects like this every day. So welcome to Livonia. Henzi: Mr. Rhines. Rhines: Well I’ll start by affirming what Mr. Pastor said. He rarely is that complimentary to somebody’s site plan. I will confirm that, which is a feather in your cap because he knows more about site plans then I do. This is not to me as easy of a decision as the previous four decisions because there’s pushback from the neighbors so I always give that serious consideration because I feel that is one of the most important things that we are supposed to do is make sure that it is fair for the neighbors. And I agree that the City of Livonia has established a required sixty feet set back on both sides. The neighbor City of Livonia, Zoning Board of Appeals Page 32 of 45 November 18, 2014 immediately to the west I believe you said you have either a three inch or a three foot setback because you’ve been grandfathered in for being there for so long. So you know there are differences throughout the City. Thirty-two and thirty-three feet respectfully is a significant deficiency but I also agree that the credit union will be a nice addition to that corner which is actually good for the surrounding businesses. It will be--it should be an anchor that will pull some new clients in the area that perhaps will like to have some western wear. I also, if I’m on the Board, I would give serious consideration if you ask for a variance for your signage if it is blocked by the new credit union. If I’m on the Board I would have an open ear for your request on that. But having said all that I do think it is good for the City and I will be in support of it. Henzi: I too will support it and I will kind of work in reverse to what Mr. Rhines said. I’m glad we had a couple business owners so that we can talk about this. And it really helps me formulate a decision. You know I know Colburn’s is there because I’ve been driving up Farmington Road for my entire life but not everybody else knows it’s there. And Mr. Rhines is right perhaps it is the time to ask for a new sign. But I think the property--the glass store and the gas station are more similar parcels in that they are very difficult. With the property to the west I don’t know what else you could have with almost a zero setback. It is really necessary. And the same with the gas station. I don’t know what else could be built with no set backs on this property, really nothing. And I think that Mr. Pastor was right when he talked about that this petitioner thought of everything including the parking. If they put all the parking to the front than they are pushing it to the back. They oriented almost a diamond shape to take full advantage of the property. I thought it was a really good plan, I absolutely do. It’s Eight Mile and this is really going to look nice on Eight Mile. So for that purpose chiefly--because really I don’t what other business you could have. There was a gas station that existed for most of my life with a five foot setback and now a bank wants a thirty foot setback. To me it’s a no brainer. So the floor is open for a motion. Rhines: Mr. Chair. Henzi: Mr. Rhines. Upon Motion by Rhines supported by Pastor, it was: RESOLVED, APPEAL CASE 2014-11-60: An appeal has been made to the Zoning Board of Appeals by 20595 Livonia, LLC, 40400 Garfield, Clinton Twp., MI 48038, on behalf of Lessee Michigan Schools and Government Credit Union, 20595 Farmington, Livonia, MI 48152, seeking to erect a commercial building (credit union) on property, resulting in deficient setback from the north (Eight Mile) and east (Farmington Road) property lines. Note: all setbacks are measured to drive-thru canopy. North Front Yard Setback: East Side Yard Setback: Required: 60 ft. Required: 60 ft. Proposed: 28 ft. Proposed: 27 ft. . Deficient: 32 ft. Deficient: 33 ft. City of Livonia, Zoning Board of Appeals Page 33 of 45 November 18, 2014 The property is located on the west side of Farmington (20595) between Eight Mile and Norfolk, Lot No. 013-99-0001-000, C-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 11.09, “Front, Side and Rear Yard be granted for the following reasons and finding of fact: Requirements,” 1. The uniqueness requirement is met because the layout of the lot makes it difficult to put any other business on lot and previous building had greater setback deficiencies. 2. Denial of the variance would have severe consequences for the Petitioner because they would not be able to construct the credit union on the property. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because it is similar to the previous building on the property and positive addition for the neighbors. 4. The Board received no letters of approval and no objection letters from neighboring property owners. 5. The property is classified as “general commercial” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the project be constructed as proposed both verbally and in writing. 2. That the project be in compliance with the conditions set forth by the City Council, Planning Commission and the Inspection Department. 3. That the petitioner has one (1) year to pull the permit. ROLL CALL VOTE: AYES: Rhines, Pastor, Bowling, Schepis, Henzi NAYS: None. ABSENT: Sills, Caramagno Henzi: The variance is granted with those three conditions. Blanek: Thank you. City of Livonia, Zoning Board of Appeals Page 34 of 45 November 18, 2014 Henzi: Good luck. Colburn: Thank you. Pastor: Ms. Colburn I remember when your store was built and I remember your old store. Colburn: In Farmington? Pastor: Yes. Colburn: How about the one in Detroit? Pastor: That’s the one I was referring to. Colburn: Thank you. Kearfott: The conditions were to build as presented, apply for permit within one year-- Henzi: According to the City Council requirements and Planning Commission. City of Livonia, Zoning Board of Appeals Page 35 of 45 November 18, 2014 APPEAL CASE 2014-11-61: An appeal has been made to the Zoning Board of Appeals by Jerry Cox, 19948 Mayfield, Livonia, MI 48152, seeking to erect a detached garage while maintaining an attached garage, resulting in excess number of garages and garage area. Number of Garages: Garage Area: Allowed: One Allowed: 720 sq. ft. Proposed: Two Proposed: 968 sq. ft. (Existing: 440 sq. ft) Excess: One Excess: 248 sq. ft . The property is located on the east side of Mayfield (19948) between Norfolk and Pembroke, Lot No. 010-01-0072-004, R-3A Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10(5) “Definition of Miscellaneous Terms” and 18.24 “Residential Accessory Building.” Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for Mr. Kearfott? Hearing none, will the petitioner please come to the table? Good evening. Cox: Hello. Henzi: Will you tell us your name and address please? Cox: Jerry Cox, 19948 Mayfield. Henzi: Okay, Mr. Cox, tell us about the garage that you want to add. Cox: Well I have a garage in the front that is attached to the house and it has two cars in it. The garage size of that is 22 feet wide by 20 and once the two cars are in there I can’t put anything else in there. And I would like to build a garage in the back to put a trailer in there and a--I don’t have a boat yet, but down the road I want to get a boat to put in there and a lawnmower and some kids’ stuff, bicycles and stuff like that--storage that’s all it going to be is for storage. And I do have one shed on the property but that’s going to be torn down. Henzi: Did you--how long have you lived there? Cox: Twelve years. Is it twelve--twelve. Henzi: Is it for sale? Cox: What’s that? Henzi: Is it for sale. Cox: No--no, the house behind it is for sale. That’s used to be my mom’s, I own that and what I did--that’s another thing I did I cut another sixty feet of property and added on to City of Livonia, Zoning Board of Appeals Page 36 of 45 November 18, 2014 mine hoping I could get a garage. Nobody promised nothing but I was just hoping I could put a garage on there. Henzi: Oh, that’s the one that is actually on Mayfield or fronts Mayfield you’re talking about? Cox: The one on Mayfield is mine, the one that is on Pembroke is my mom’s old house. That one is for sale. Henzi: Got it. Cox: Yeah. Henzi: Any questions? Rhines: Mr. Chair. Henzi: Mr. Rhines. Rhines: You said you added sixty feet to of property to your property, right? Cox: Yes, the City okayed it and they added it yes. Rhines: Well, I was just clarifying because you said you cut sixty feet I wanted to make sure you didn’t take sixty off yours and move it over to the one you were selling. No, you took sixty more for yours, you increased yours, okay. Cox: No, I gave myself sixty. Fisher: If you want to see it I have the aerial so you can that. I’ll pass it around. Rhines: Sure, thank you. Fisher: See here’s the mother’s and here’s his. Rhines: Okay. Henzi: On this plan the addresses are backwards. Fisher: Yeah. Kearfott: That’s a typo. Henzi: Okay. Cox: I have a plan like this do you guys have something like this or no? Kearfott: I went out there and I checked that. I saw that too and I made sure to go and check that. It didn’t make sense. Henzi: Now, I got it. Cox: I just have something like this. Do you guys have it or no? Pastor: Yeah, we have it. Cox: Oh, okay. Rhines: Mr. Chair. City of Livonia, Zoning Board of Appeals Page 37 of 45 November 18, 2014 Henzi: Mr. Rhines. Rhines: Just to clarify the house you are selling is at 32650 Pembroke? Cox: Well I’m not selling that someone else--someone else bought it off me and they remodeled it. But it is for sale through them yeah. Rhines: Okay. Thank you, I just wanted to make sure I’m looking at that right. Cox: Yep. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: So you’re telling us your lot is 109 feet wide by 209 feet deep? Cox: Yes--yes. Pastor: I wanted to make sure we’re--okay. Where is your driveway going to go to? Cox: Well, I don’t want no driveway. I don’t want no electricity. I just want it strictly for storage. It’s going to be all grass going back to where that is. Pastor: What are you going to park in this garage? Cox: A six by twelve trailer and then eventually I’m getting a boat down the road. And then a lawn mower, some bicycles, you know regular storage stuff--kids’ stuff. Pastor: So how are you going to get that trailer across the lawn without a driveway? Cox: Drive it across the grass--well no I don’t know--yeah just drive it across the grass. It’s a utility trailer is what it is. Pastor: Okay, thank you. Cox: Yep. Henzi: And what about the trailer? I mean there’s a fifth wheel or something that I saw. Cox: Oh, yeah, that’s not mine it’s a friend of ours. There’s a boat out there also that one is not mine either. It’s the same person that owns that. Henzi: Is he just storing it temporarily? Cox: Yeah, I just helped him out for little bit. Yeah, that’s not mine. Henzi: Okay. So is it going to be there in two months? Cox: Probably until spring and then--springtime is when I plan on putting the garage up because-if I can--because of the cement and all that stuff is what I wanted to do. Henzi: And then he is going to take his stuff when you get your new garage? Cox: Yeah, and then tear down that shed that is there too. Henzi: Okay. Rhines: Mr. Chair. City of Livonia, Zoning Board of Appeals Page 38 of 45 November 18, 2014 Henzi: Mr. Rhines. Rhines: How large is that shed that is currently there? Cox: Oh, maybe like eight by ten--something like eight by ten. Rhines: And is that in the same location that the proposed garage is at? Is the shed there? Cox: Yeah, all that--everything is right in that little area. I just had trees cut down too hoping that I was going to put a garage up. Like I said nobody promised me nothing, I was just hoping to do that. Rhines: Mr. Chair. Henzi: Mr. Rhines. Rhines: Am I understanding this correctly? It looks like your next door neighbor has an existing garage at the back of their property is that true? Cox: Yes. Rhines: I’m sorry it was dark when I was looking at your house. I couldn’t see in your backyard. Mr. Chair. Henzi: Mr. Rhines. Rhines: This picture here kind of makes it look like there’s a--is there a water problem in the backyard? I’m just wondering because you are planning on driving through the yard to get back to the garage? Cox: No--no, there’s no--nope. Rhines: Okay. Cox: Where it’s dark is right where I had trees cut down if you if you are looking at the dirt? Rhines: Yeah, it’s kind of the open area right in front of the trailer here it just kind of looks like it is a little bit sunken down and for some reason a little bit more smooth than some of the areas off the edge. I just wondered if that collected a lot of water? Cox: It never has flooded. Rhines: Okay. Cox: Yeah. Bowling: Mr. Chair. Henzi: Mr. Bowling. Bowling: If I’m reading this right it looks like facing your house you’re looking at putting the new garage toward the back left corner of your property? Cox: Yes, facing-- Bowling: Kind of the north if you’re standing-- City of Livonia, Zoning Board of Appeals Page 39 of 45 November 18, 2014 Cox: The north east corner I guess it would be considered. Bowling: Okay. Cox: And then looking at the garage door you know the big door facing me. Bowling: Okay. Cox: If I was to look out my back window I could see the--yeah. Rhines: Mr. Chair. Henzi: Mr. Rhines. Rhines: I assume you provided all these pictures of your neighbors? Cox: Yes. Rhines: You’ve done a good job of providing pictures of other people in the neighborhood that have an attached garage and a detached garage. I’m just curious because I’m not familiar, how close--you’ve included 20040 Hubbard Street, how close is that your house on Mayfield? Cox: It’s a block away. Rhines: A block away? Cox: This is like an older subdivision where the properties are a little bit bigger. Rhines: That’s all I have, Mr. Chair. Henzi: Any other questions? Mr. Cox, I was going to ask you about the neighbor to the north who’s got that garage in the back. Cox: Yes. Henzi: I didn’t see a driveway back there but does he have one? I couldn’t tell. Cox: I don’t think so. Henzi: Okay. I didn’t think so it’s basically--because essentially I don’t know what the size of that one is but you are asking for something similar in placement. That is you want a second garage toward the rear of your property? Cox: Yes. Henzi: And would you have an apron--a hard surface apron at the front of the door? Cox: You mean like an overhang? Henzi: No--no--no, a cement apron in front of the garage? Cox: Whatever is required, if I have to. If I have to put electric in then I will but I don’t really want to. I don’t--and I have no use--I’m not going to be working in it. It’s just strictly for storage. Henzi: We’re asking a lot of these questions because your might sell the house someday- - City of Livonia, Zoning Board of Appeals Page 40 of 45 November 18, 2014 Cox: Okay. Henzi: --and then someone else is going want to park their car in there and that’s what we are concerned about. That’s all. Cox: Okay. Henzi: Any other questions? Hearing none, is there anyone in the audience that wants to speak for or against the project? If so, come on up. Scheel: I’ll throw my two cents in. My name is Doug Scheel. I’m two doors down from him, 19980 Mayfield and I support his project. Henzi: Thank you. Are there letters? Rhines: I have one. A letter of approval from Leonard Graham, 19973 Mayfield (letter read). Henzi: Mr. Cox, anything you want to say in closing? Cox: Not really, nope. Henzi: Okay. I’ll close the public portion and begin the Board’s comments with Mr. Schepis. Schepis: I think that what you have proposed will--I think it is kind of consistent with you have in your neighborhood or what the neighborhood has. I think it will look nicer than the shed you have and-- Cox: Oh, yeah. Schepis: --it will be good to have some storage space for these things that are currently outside. So I think I would support this. Henzi: Mr. Pastor. Pastor: Yes, I agree the shed will be gone, it will be a nice improvement over the shed. Although I would suggest that once this is up that you have no outside storage of vehicles or lawnmowers or campers or anything like that because we’re giving the availability to put that away. And I also appreciate that you are not oversizing this. A lot of guys will come up to us and say I want a 32 by 60 garage, I want the biggest thing I can build. And I do appreciate that you’ve kept it on the smaller side so I will be in full support. Henzi: Mr. Rhines. Rhines: I agree. It’s not typical of Livonia as a whole to have a detached garage as well as an attached garage but it does seem to be typical of your neighborhood. And there are a few other isolated neighborhoods in Livonia that also have similar things so there’s no objection from any of the neighbors. So I’ll be in support. Henzi: Mr. Bowling. Bowling: I don’t have anything to add, I’m in support. I think it will look great and it will be nice not to have that shed back there and give you what you need for storage. City of Livonia, Zoning Board of Appeals Page 41 of 45 November 18, 2014 Henzi: Yeah, I agree. I too will support it. This is an older neighborhood with mixed architecture. There are new houses mixed in with ones that have probably been there since I don’t know the ‘30s or ‘40s. It’s very common to have two garages. And the garage area to me isn’t really troubling because if you had one attached garage it could be 900 square feet and between two garages you’re going to have 968 which I think is more than fair. Because you do have a big lot and you have to take care of it. And I think your proposal is very good and it is going to look nice. We’ll just have our standard conditions and allow you to have standard electrical if you want it and then I would suggest an apron which I think the Building Department is going to require anyway. Cox: Okay. Henzi: The floor is open for a motion. Schepis: Mr. Chair. Henzi: Mr. Schepis. Upon Motion by Schepis supported by Rhines, it was: RESOLVED, APPEAL CASE 2014-11-61: An appeal has been made to the Zoning Board of Appeals by Jerry Cox, 19948 Mayfield, Livonia, MI 48152, seeking to erect a detached garage while maintaining an attached garage, resulting in excess number of garages and garage area. Number of Garages: Garage Area: Allowed: One Allowed: 720 sq. ft. Proposed: Two Proposed: 968 sq. ft. (Existing: 440 sq. ft) Excess: One Excess: 248 sq. ft . The property is located on the east side of Mayfield (19948) between Norfolk and Pembroke, Lot No. 010-01-0072-004, R-3A Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10(5) “Definition of be granted for the Miscellaneous Terms” and 18.24 “Residential Accessory Building,” following reasons and finding of fact: 1. The uniqueness requirement is met because of the large lot size and the need for additional storage. 2. Denial of the variance would have severe consequences for the Petitioner because their additional storage needs will not be met. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because they have support of the neighbors and it is not inconsistent with the neighborhood. City of Livonia, Zoning Board of Appeals Page 42 of 45 November 18, 2014 4. The Board received one letter of approval and no objection letters from neighboring property owners. 5. The property is classified as “low density residential” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the project be constructed as proposed both verbally and in writing. 2. That the project be in compliance with the requirements of the Inspection Department. 3. That there will not be any outside storage on petitioner’s property, except as vehicles may be legally parked on the driveway. 4. That a five (5) foot concrete apron be installed in front of the garage. 5. That the current shed will be removed and no additional outbuilding will be allowed on the property. 6. That the project be completed within nine (9) months. ROLL CALL VOTE: AYES: Schepis, Rhines, Bowling, Pastor, Henzi NAYS: None. ABSENT: Sills, Caramagno Henzi: The variance is granted I will read the conditions one more time. You’ve got to build it as proposed and be compliant with the Building Department regulations. You’ve got to complete it within nine months. You have to have a five foot concrete apron in front. And let me add this I don’t think anyone has ever built a garage without an apron. Cox: Okay. Henzi: Typically the petitioners will say I only want an apron or if they don’t want a driveway. Just FYI. No outside storage once the new garage is completed. And then you have to tear down the shed and no other outbuildings once the garage is completed. Cox: Okay. Henzi: Good luck to you. City of Livonia, Zoning Board of Appeals Page 43 of 45 November 18, 2014 Cox: Thank you. Pastor: You guys have some minutes to approve I believe. Kearfott: Is that just for the rear yard the outside storage? Henzi: That’s what I took it as. Rhines: Yeah, he can have cars in his driveway. Cox: I’m not leaving my cars in the driveway, I like them inside. Thank you. Henzi: Sure. City of Livonia, Zoning Board of Appeals Page 44 of 45 November 18, 2014 Pastor: They have minutes to approve because we weren’t there. Henzi: Craig and I will abstain, someone needs to move to approve minutes from rd September 23. rd Bowling: Motion to approve minutes from September 23. Rhines: Second. Henzi: All in favor say aye. Board Members: Aye. Henzi: Abstained Craig and Matt. And then in your packet you have the 2015 proposed calendar. Bowling: Motion to approve the calendar for 2015. Pastor: Support. Henzi: Any discussion? All in favor say aye. Board Members: Aye. Henzi: Everyone got this right? Pastor: I got two of them. Henzi: I was going to say I went back and forth with Marilyn, she had already figured out the dates and we avoided all the holidays. Rhines: That is the first meeting that we ever approved all them. Henzi: Is there a motion to adjourn? Pastor: I make a motion to adjourn. Rhines: Second. Henzi: All in favor say aye. Board Members: Aye. Henzi: We’re adjourned. There being no further business to come before the Board, the meeting was adjourned at 8:45 p.m. _______________________________ Matthew Henzi, Chairman ______________________________ Sam Caramagno, Secretary /pcb City of Livonia, Zoning Board of Appeals Page 45 of 45 November 18, 2014