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HomeMy WebLinkAboutZBA MEETING 2015-07-14 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF REGULAR MEETING HELD JULY 14, 2015 A Regular Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Gallery of the Livonia City Hall on Tuesday, June 30, 2015. MEMBERS PRESENT: Gregory Coppola, Acting Chairman Robert Bowling, Acting Secretary Ben Schepis Jim Baringhaus MEMBERS ABSENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Craig Pastor OTHERS PRESENT: Mike Fisher, City Attorney Steve Banko City Inspector Patricia C. Burklow, CER-8225 The meeting was called to order at 7:00 p.m. Acting Chairman Coppola 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. Four (4) members were present this evening. The Chairman asked if anyone wishedto be heard by a full Board, Case 2015-06-28 and Case 2015-07-37 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 7 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 16 July 14, 2015 APPEAL CASE NO. 2015-06-28 (Rescheduled from June 9, 2015): An appeal has been made to the Zoning Board of Appeals by Bill Saad, 37921 Ann Arbor Trail, LLC/Michigan Fuels, Inc., 20755 West Road, Woodhaven, MI 48183, on behalf of Lessee, Mobil Oil Corp, 37921 Ann Arbor Trail, Livonia, MI 48150, seeking to remove an existing building and one (1) pump island to construct a new convenience store associated with gasoline sales, resulting in the building being at a deficient setback from the Ann Arbor Trail right-of-way, also, the existing pump canopy adjacent to the Ann Arbor Road right-of-way is at a deficient setback of seven (7) feet where ten (10) feet is required and the gasoline pumps under this canopy are at sixteen (16) feet where twenty (20) feet is required. Building Setback: Required: 60 ft. Proposed: 32 ft. Deficient: 28 ft. The property is located on the west side of Ann Arbor Trail (37921), between Ann Arbor Road and Newburgh, Lot. No. 121-99-0015-001, C-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 11.03(a),2, “Waiver Uses; Gasoline Service Station.” Arbud: Good evening. Coppola: Just one second. Mr. Banko, does the Inspection Department have anything more to add? Banko: Nothing to add at this time, sir. Coppola: Real quick a couple of questions. Do any of these zoning variances require any other type of approvals, fire department, police department, anything like that in relationship to location to the street or anything like that? Banko: Well actually this has already been through Planning and Council. So if there were any recommendations that would have been given during the Planning or Council approval. Coppola: Okay. Any other questions? Okay, Mr. Saad, do you have anything more to add to your application? Arbud: No, my name is Saud Arbud. I’m representing Mr. Saad and NC Designers. That is why I couldn’t make a decision to postpone the meeting. They wanted me to attend and go through it. Coppola: Okay. Arbud: I personally would have postponed it but I can only do what they requested. So, my address is 3421 South Telegraph, Dearborn, Michigan, 48124. That’s NC Designer’s address, the designer of record. I got familiar with this project fairly recently and I was City of Livonia, Zoning Board of Appeals Page 2 of 16 July 14, 2015 told that the pump islands on the west side which is abutting Ann Arbor Road is existing non-conforming situation. And what they tried to do also for the building is to go in a northerly elongated design that way they can provide some parking in the back end to the east side of the property to accommodate for parking situations as well as dumpster enclosures. And as you can see some green belt on that side of the property as well. And there is a chance and this is not the case today, it wasn’t the case with the Planning Commission that they might be a franchise sometime in the future that might require some sort of drive-thru but that is something they have to deal with when they get to that bridge. So if it gets approved so be it if not, then they cannot have that. At this point we are just seeking the variances on the setbacks. The deficient setbacks on the pump canopy as well as the building. And the hardship like I said is we had to go with a building that is lengthwise that extends to the north that way we can provide additional parking, landscaping and circulation for trucks and what not from the east side of the property. And pretty much that is the situation. Coppola: Okay. Are the pumps and the canopy existing as it is today? Arbud: I believe so. Coppola: So they already had some type of--they already received some type of variance at some point and time? If they are deficient in their setbacks and they are existing, I guess the question is was there a prior variance? Do we know that Mike? Banko: There is a prior variance--I know that there was a prior sign variance. Fisher: The only thing that I see is a sign variance. Banko: Yeah, I only see the sign variance in the packet. Fisher: Well he seemed to say that there was a-- Coppola: I should have asked this question prior. There’s kind of three things listed, there is only one that is being asked to be approved which is the building setback. Yet it talks about a deficient setback for the pumps and for the canopy. So I apologize that I didn’t ask this earlier, it wasn’t clear to me what was being requested. I mean it is clear that the building setback is being requested. Were the pumps and the canopy being required too? Fisher: I guess maybe the theory is--there does not appear to be a variance. From what I understand the petitioner has indicated this is a prior non-conforming use. Thus, because you are expanding a prior non-conforming use, your non-conformities come back into question. I think that is the answer to your question. Coppola: Okay so we need to-- Fisher: Grant a variance as to all these things. Coppola: --approve all the variances? Fisher: Right. City of Livonia, Zoning Board of Appeals Page 3 of 16 July 14, 2015 Coppola: What’s the size of the existing building? What are the setbacks of the existing- -I couldn’t tell--unfortunately I couldn’t tell exactly from what you provided it sort of says existing building but it didn’t really outline where it was? Arbud: Honestly, I’m not sure. Coppola: Okay. Bowling: Mr. Chair. Coppola: Yes, I’m sorry. Bowling: Steve, this has been through Planning Commission, approved by the Fire Department, Police Department, everything as far as we know? Banko: Yes. Just to note there are some other stations in the City that have been granted those setback deficiencies regarding the canopies. One of which I could probably--it’s at Five and Merriman, it’s the BP Station there. I believe they had deficiencies also which came through here and were granted a variance for. Fisher: The one at Schoolcraft and Merriman I think was denied. Banko: At Schoolcraft, yeah that was a different kind of situation. Fisher: A little bit different but it was the same basic variance they were seeking. Banko: Yes. Fisher: So some get variances but not all. Schepis: Mr. Chairman. Coppola: Mr. Schepis. Schepis: Mr. Fisher, would you remember you said the variance at Schoolcraft and Merriman was denied. Fisher: Right. Schepis: Do you recall whether that was a function of it being right off of the freeway and affecting sight or something like that? Fisher: Well I remember in that instance there were a lot of people who came out to-- turned out either by letter or in person in opposition to that proposal. And I think you’re in the right ballpark when you suggest that density of traffic at that corner had a lot to do with it. Schepis: Okay. Fisher: And that may or may not apply here. Banko: Mr. Chair. Also the Schoolcraft and Merriman, it was never a gas station. They were attempting-- Coppola: They were converting it. Banko: --to put in a gas station. City of Livonia, Zoning Board of Appeals Page 4 of 16 July 14, 2015 Coppola: Right. Does the Board have any other questions? Baringhaus: Mr. Chair, yeah, I have a question. Regarding the facility itself is that facility prescribed by global franchise agreements that you have to build that size based on location or the market, or was that a design you felt best fit that piece of property? Arbud: That was a design that best fits the property yes. Baringhaus: And I also had one other question, Mr. Chair. Coppola: Mr. Baringhaus. Baringhaus: Yes, the current property has four entrances and I noticed that you closed off one on Ann Arbor Trail. Arbud: Yes. Baringhaus: What was the rationale for that? Arbud: Safety and I believe that was addressed with the planning Department for that matter and the owner was willing to go with it so for one it is too close to the corner and might be a traffic hazard. So they went ahead and closed it. They removed the pumps from the north side. That way they can expand the building. They also -- so it seems -- demolished a portion of the building from the west side as well. Baringhaus: Thank you. Arbud: Thank you. Coppola: Okay, if you could step down. Arbud: Thank you. Coppola: Is there anyone in the audience that has any comments? Seeing that there is no one, is there any correspondence that we’ve received? Bowling: We have no letters. Coppola: No letters. Bowling: No letters. Coppola: I didn’t see anything. Okay, that being said, Mr. Saud (sic) do you have anything else to add? Arbud: No, thank you. Coppola: Okay, I will close the public portion of the case and we’re going to do a roundhouse to get some comments from the Board. Mr. Baringhaus. Baringhaus: Okay, thank you. Just looking at the site plan and looking at the building location. I did have the opportunity to visit the site itself. I think what the gentleman is proposing is a positive enhancement to the corner. I think there was some valid concerns about safety regarding traffic levels and entrance and exit to the property that I felt were addressed. Consideration given to closing one of the lanes on Ann Arbor Trail. Also the City of Livonia, Zoning Board of Appeals Page 5 of 16 July 14, 2015 consideration that the location of the canopies have been reviewed by the police and fire departments. So I am inclined to support this. Coppola: Okay, Mr. Bowling. Bowling: I would agree. I think it is a great plan. It’s going to be a nice improvement to that corner there and it will be a nice store. I will be in support. Coppola: Mr. Schepis. Schepis: I agree. I think that one of the things about this intersection is that it is sort of-- it’s not your typical intersection where you have 90 degrees on each corner. You have two where it’s--you know it’s almost an X so there is a 145 degrees or something like that which makes for a little bit of an odd sized lot which is something would incline to agree to a variance. And also I think this will be an improvement to that corner. So I would support it. Coppola: Okay. I too am in support of it. I always like to see businesses willing to invest and improve their property and the City of Livonia. I don’t see anything that is being requested here including existing pumps, existing canopy, and what looks likely to be a very nice building creates any main hardships for anybody or for the City itself. So I’m in support of this. So do we have a resolution? Okay, let me get my trusted cheat sheet here. Schepis: I’ll do it. Upon Motion by Schepis supported by Bowling, it was: RESOLVED: APPEAL CASE NO. 2015-06-28 (Rescheduled from June 9, 2015): An appeal has been made to the Zoning Board of Appeals by Bill Saad, 37921 Ann Arbor Trail, LLC/Michigan Fuels, Inc., 20755 West Road, Woodhaven, MI 48183, on behalf of Lessee, Mobil Oil Corp, 37921 Ann Arbor Trail, Livonia, MI 48150, seeking to remove an existing building and one (1) pump island to construct a new convenience store associated with gasoline sales, resulting in the building being at a deficient setback from the Ann Arbor Trail right-of-way, also, the existing pump canopy adjacent to the Ann Arbor Road right-of-way is at a deficient setback of seven (7) feet where ten (10) feet is required and the gasoline pumps under this canopy are at sixteen (16) feet where twenty (20) feet is required. Building Setback: Required: 60 ft. Proposed: 32 ft. Deficient: 28 ft. The property is located on the west side of Ann Arbor Trail (37921), between Ann Arbor Road and Newburgh, Lot. No. 121-99-0015-001, C-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 11.03(a),2, “Waiver Uses; Gasoline Service Station,” be granted for the following reasons and findings of fact: City of Livonia, Zoning Board of Appeals Page 6 of 16 July 14, 2015 1. The uniqueness requirement is met because this is a preexisting variance in use on an oddly shaped piece of property. 2. Denial of the variance would have severe consequences for the Petitioner because this use has been in existence and approved by other City governing bodies. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because there is no objection from the neighboring property owners and it will be an improvement to the corner. 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 to the Board and consistent with the approvals by the City Council and Planning Commission. 2. That the project be completed within one (1) year. ROLL CALL VOTE: AYES: Bowling, Schepis, Coppola, Baringhaus NAYS: None ABSENT: Henzi, Pastor, Caramagno Coppola: Okay. The application for variance is approved. Arbud: Thank you so much. Coppola: Good luck. Arbud: Good night. City of Livonia, Zoning Board of Appeals Page 7 of 16 July 14, 2015 APPEAL CASE NO. 2015-07-36: An appeal has been made to the Zoning Board of Appeals by Chantal Vivas, 17571 Deering St., Livonia, MI 48152, seeking to maintain a lean-to addition on the south side of the detached garage, erected without a permit, resulting in excess garage area. Detached Garage Area: Allowed: 660 sq. ft. Proposed/Existing: 1008 sq. ft. Excess: 348 sq. ft. The property is located on the west side of Deering (17571), between Curtis and Lathers, Lot. No. 048-01-0018-000, RUF-A Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 2.10(5), “Definition of Miscellaneous Terms; Garage Private.” Coppola: Mr. Banko, does the Inspection Department have anything? Banko: I have nothing to add at this time, Mr. Chair. Coppola: Okay. If I could ask you Mr. Banko just briefly. Was any type of structure approved on that addition on that site? Banko: There was not a permit pulled for this. I don’t know how they came about catching it but once that occurred needless to say the petitioner came in and filed for the appeal for the structure to be there. Coppola: What is normally the fine for proceeding without a permit and building something? Banko: Well it’s a--if it goes to Court it could be a misdemeanor--it is a misdemeanor and it is punishable by up to $500.00 fine and or 90 days in jail. Coppola: Okay. Any other Board Members have any questions for Banko? Okay, Chantal Vivas if you and your associate provide your full name and address for the record please? Chantal Vivas: My name is Chantal Vivas and my address also? Coppola: Yes, please. Chantal Vivas: 17571 Deering Street, Livonia, 48152. Coppola: Is your associate going to be speaking? Chantal Vivas: My husband. Coppola: Okay, could you give us your name and address also please? Alex Vivas: Alex Vivas, 17571 Deering Street, Livonia, Michigan. City of Livonia, Zoning Board of Appeals Page 8 of 16 July 14, 2015 Coppola: Okay. Would either of you have anything you would like to add in addition to what you provided on your application? Chantal Vivas: Well I am going to try to speak with words. This was actually totally my mistake and misunderstanding the way the procedures work. Having a house--you know with the permits because none of my neighbors called. I was the one who came to the City and had--I request the rough inspection because I was the one who came to the City and request it. So having a permit for the extension, I was the one who was thinking it was the same thing that I was going to be allowed to have on the site. It was not something that I didn’t want to have a permit for that. It was my mistake thinking it was the same thing that it was for the back for the side that I was going to be allowed to do that. So I mean there’s nothing--I don’t know what to say because actually I mean we really--we work really hard to save our money to do that extension. So I mean if we can do anything I mean repairs or we have to pay any fines or anything we will do that. We get granted for that. I mean we only need that extension because we have a family and we want to do our barbeques there. I mean we already get a lot of trees around the house. We have been doing I think a nice job around our yard. We did it and we did a lot of work. We cut trees, we fixed the whole front. I mean I don’t know. That is the only thing I can say. Do you want to add something to it? Alex Vivas: Yes. We didn’t--we tried to get the permit like it was supposed to be but we didn’t understand if we need to add a permit for the overhang. That is the reason we waited for the inspector until we done because my wife called the City to see if somebody could come before we finished the project. And also it is not finished yet because we are waiting for the inspector so we didn’t try to get any without permits. That is the only thing. Coppola: Okay. Anything more? Alex Vivas: That’s it, thanks. Coppola: I just want to make sure that I kind of understand. Did--it sounded like you said you approached the City at some point in time for some sort of permission or approval, I didn’t fully understand what you were trying to communicate? Alex Vivas: Yeah, what I am trying to say we get a permit for the extension for the garage. Coppola: Okay. For the part that is in the back? Alex Vivas: Yes, we just waiting--we just waiting for the approval and when my wife show up in the City Hall they were waiting for the inspector to check the project that is when we noticed we need the permit for the overhang. We didn’t even know we need it. That’s our mistake because we didn’t get more information maybe. But we tried to get all the straight--you know permit and everything except the overhang, we don’t know. Chantal Vivas: None of my neighbors called, we were the ones who requests the inspections. Coppola: Okay. Are you building this yourself of do you have a builder? Alex Vivas: Me and one of those friends that I have. Coppola: Okay. City of Livonia, Zoning Board of Appeals Page 9 of 16 July 14, 2015 Alex Vivas: So we didn’t get any contractor or something that I--there’s plenty--exactly what I need to do. It’s my fault too. Coppola: Okay, what are your plans for roofing and siding? What are you going to do on the roof for the addition as well as the existing and then what are you going to do for siding on the side of the house? Alex Vivas: No, we didn’t two which just need the roof. We don’t need the siding we’ll just do like a little for the shadow because we don’t have nothing in the porch in the back so we try to use for when we have something for the kids or anything just sitting down and enjoy the sun--the shadow. Not for nothing else because that’s the purpose I get the extension for my garage because I have my truck and it is not fitting in there. So I added the extension for one of those trucks and keep it inside that is the only reason. Coppola: Mr. Schepis. Schepis: Mr. Chairman. I’m sorry I just want to make sure I understand this. When you were talking about siding-- Coppola: On the piece in the back. Schepis: --were you talking about--you weren’t talking about enclosing it you were talking about the-- Coppola: The rear, the part is permitted. Schepis: --vinyl--like vinyl siding on that? Coppola: I just want to know how they are going to finish the enclosed portion. Alex Vivas: No, we just need a roof and that is it, the overhang. Bowling: So essentially it is just going to be a porch roof that would come out? Coppola: No what I was talking about was the piece in the back. Bowling: Right--right. So Ben they are not planning on enclosing that piece. Schepis: Yeah, right--okay. Coppola: Again, my point was there is a big portion not the--what I’ll call the carport--as we call it carport-- Alex Vivas: Okay. Coppola: --but the addition and then the side that is underneath the carport is not finished. Schepis: Right. Coppola: So the question is what are your plans for finishing the walls--the outside walls on the addition that you put on--the enclosed addition and then the exposed parts of the garage that is underneath the carport? Alex Vivas: Yeah, we are just waiting for--you know--to finish the whole process--to complete the permits whatever we need to do to finish the siding and everything. Coppola: Okay. City of Livonia, Zoning Board of Appeals Page 10 of 16 July 14, 2015 Alex Vivas: That’s why we stopped until we got this done. Coppola: Your intent is to finish that? Alex Vivas: Yes. Coppola: To finish the whole thing up not leave it as exposed plywood or particle board? Alex Vivas: No. Coppola: Okay. Alex Vivas: Yeah, no we have to finish. Coppola: I also noted it looks like there was pretty extensive concrete work that was put in. Does that require permitting too? Banko: That work does not require a permit. Coppola: Okay. Banko: Obviously footings and everything for the garage extension would require a rat wall which they pulled a permit for that. Alex Vivas: Yeah, we pulled a permit. Banko: But any flat work such as driveway or patio if there’s not going to be anything built on it a permit is not required for any type of flat work. Coppola: Okay. Banko: Unless you’re putting in an approach then one is required by engineering. Coppola: When you say approach--I’m sorry? Banko: The approach between the sidewalk and the curb. Coppola: I got you. Fisher: Mr. Chairman, may I ask. So they are up to date for the permits on the back it’s just this carport that they don’t have? Banko: Yeah, when I originally looked at it I misunderstood. They basically pulled a permit to put the original extension on the back of the garage and when the inspector came out that is when they saw this-- Chantal Vivas: Yeah. Banko: --lean to go on there which made it excessive garage space and that’s why they are here. Chantal Vivas: Yes. Bowling: Mr. Chair. Coppola: Mr. Bowling. City of Livonia, Zoning Board of Appeals Page 11 of 16 July 14, 2015 Bowling: Mr. Vivas, I understand you had some undersized framing from what the Inspection Department--do you have plans on--how soon do you plan to rectify that or are you just waiting for the variance to confirm what you are going to do? Alex Vivas: Just waiting. Bowling: Has the City given you some direction on what they want you to do to shore that up? Alex Vivas: Yes. Blowing: Okay, good. You guys have done a nice job in your yard. It looks great back there. Alex Vivas: Thank you. Chantal Vivas: Thank you. Coppola: Any other questions for the petitioner? Okay, if you could just step down for a moment, we will check if there are any audience members that had statements on the project? Okay, do we have any correspondence? Bowling: We have letters of approval from Jodie Griffin, 17761 Deering (letter read), Lori Hartung, 17586 Deering (letter read), Roy Raytiola, 17722 Floral (letter read), and Edward Flanagan, 17711 Deering (letter read). Coppola: Okay. Does the petitioner have anything else to add? Okay, then I’ll close the public portion of the case. And we will do a round table on comments. Mr. Bowling. Bowling: I think it looks nice. They’ve done a nice job, they certainly have approval from their neighbors. What they are doing in the yard looks to be great. They kind of described some of the things when I met with them on Sunday that they have done in the yard already. And it looks like they are really working hard to improve the neighborhood so I would be in full support. Coppola: Mr. Schepis. Schepis: I agree. I appreciate the fact that your neighbors support this. I think it looks good. It’s an improvement it will make your neighborhood look better. And I also appreciate the fact that you tried to do this the right way and I think there was maybe some miscommunication or confusion but I would support this. Coppola: Mr. Baringhaus. Baringhaus: I agree as well. I had the opportunity to view the property. I think the property is large enough to support the project and present it in a very positive light. As in terms of the owners, they admitted their mistake, they are working to rectify that situation with the City and are cooperating in my opinion with the City to make sure that everything is line up consistently. I think their workmanship is excellent and I agree I think it will be an improvement to the neighborhood. I’m inclined to support it. Coppola: I too am inclined to support it. It looks like they’ve done a nice job and may have been a little confused in regards to what was required to do that--to do the addition City of Livonia, Zoning Board of Appeals Page 12 of 16 July 14, 2015 on the carport. So I have no issues with it. I am a little concerned that the--that they moved forward without a permit but I think in general it seems like the problem can be quickly rectified and it’s a nice addition to your property as well as the neighborhood. So I’m in support. So do we have a resolution? Bowling: Sure, Mr. Chair. Coppola: Mr. Bowling. Upon Motion by Bowling supported by Schepis, it was: RESOLVED: APPEAL CASE NO. 2015-07-36: An appeal has been made to the Zoning Board of Appeals by Chantal Vivas, 17571 Deering St., Livonia, MI 48152, seeking to maintain a lean-to addition on the south side of the detached garage, erected without a permit, resulting in excess garage area. Detached Garage Area: Allowed: 660 sq. ft. Proposed/Existing: 1008 sq. ft. Excess: 348 sq. ft. The property is located on the west side of Deering (17571), between Curtis and Lathers, Lot. No. 048-01-0018-000, RUF-A Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 2.10(5), “Definition of Miscellaneous Terms; Garage Private,” be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the property is large enough to support the structure and it provides needed shade. 2. Denial of the variance would have severe consequences for the Petitioner because of the lack of space for the children to play, to host barbeques, and provide a shaded area. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the neighboring property owners are in support. 4. The Board received 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. City of Livonia, Zoning Board of Appeals Page 13 of 16 July 14, 2015 FURTHER, This variance is granted with the following conditions: 1. That the structure be constructed according to the building code. 2. That the Petitioner pull the appropriate permit. 3. That the project started under the current permit, including siding and proper closure be completed within six (6) months. ROLL CALL VOTE: AYES: Coppola, Baringhaus, Schepis, Bowling NAYS: None ABSENT: Henzi, Pastor, Caramagno Coppola: Okay. You’ve been approved. Alex Vivas: Thank you. Coppola: Just make sure you follow the conditions that were set forth. I think they need to go back and then they will need to pull a permit. How long does it take for this be approved? Do the minutes have to be approved before they proceed? Mike? Banko: Four days. Fisher: Usually they say five days. Coppola: Okay, within--after five days you can come and pull the permit for the carport pursuant to the variance that’s been approved and then you can proceed. Chantal Vivas: Okay, thank you. Coppola: Thank you. City of Livonia, Zoning Board of Appeals Page 14 of 16 July 14, 2015 Coppola: I think that closes the petition part of the meeting. I think we have some minutes. Do you have something? Banko: I was going to pose a question through the chair to Mr. Fisher regarding the X- item that you have. Coppola: Yes. Banko: We only have four members here of which one was not a member at the time this variance was approved for the X-item, can that be voted on?’ Fisher: What X-item? Banko: It’s regarding--when Coventry Gardens, the carport in the front yard if you recall? And the Board wanted them to basically put garage doors on it. They were approved for a garage door, an entry door and a window. And they would just like to put the two garage doors on. Fisher: Well we need to--we can’t deal with that tonight because we have no backup for that for want of a better reason here--for want of a better explanation. Banko: Well they submitted a proposal. Fisher: Right, I know but we-- Banko: We don’t-- Fisher: We have not seen it so. And I don’t know if I did see I might--I suspect I’d say this has to be re-noticed and the whole thing. So we can’t deal with that right now. Banko: Okay. Bowling: Can we approve minutes? I was not present at the meeting so do we need four for approving minutes? Fisher: You don’t need four for approving minutes, it sounds like you are only going to have two for approving these minutes is the thing. Coppola: Can we do that or not? Fisher: Well, I don’t know of any reason you can’t. Coppola: Does it make more sense just to push it or does that create a problem? Fisher: You know there’s pros and cons. But I guess you can go ahead and push it off to the next meeting. Coppola: Well what are the cons? Fisher: Well the con to pushing it off is the minutes trigger the running of the appeal period for anybody who is disgruntled about one of these-- Coppola: What’s the--we were voting on just a second so I can check--we were voting thth on the minutes for the 12 and the 9. th Fisher: The 12 of May and-- City of Livonia, Zoning Board of Appeals Page 15 of 16 July 14, 2015 Coppola: Was there anybody that was rejected during that period that there would be a- - th Reporter: 12 of May? ththth Fisher: 12 of May, 9 of June. I’m told Bob was absent on the 12 and Greg you were th absent on the 9. Coppola: Right. Fisher: Which is why I say you are down to two people voting on those. Coppola: I was just looking to see if there were any rejections. It could be some kind of a moot point. Schepis: If it was can we approve them kind of subject of the ratification ratified at the next meeting when we have a full Board. ndth Reporter: That May--a meeting was on May 22, how can we have minutes on May 12? th Fisher: I thought it was May 12. th Coppola: It says May 12 on them. Fisher: Well, we don’t have to worry about that right now if you’re not going to vote on them. So I guess it is down to the time to adjourn unless there is some other business? Bowling: I make a motion to adjourn. Coppola: Second. Reporter: Who seconded it? Coppola: I can’t second? Schepis: Second. Coppola: All in favor? Board Members: Aye. Coppola: Meeting adjourned. There being no further business to come before the Board, the meeting was adjourned at 7:45 p.m. _______________________________ Greg Coppola, Acting Chairman ______________________________ Robert Bowling, Acting Secretary /pcb City of Livonia, Zoning Board of Appeals Page 16 of 16 July 14, 2015