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HomeMy WebLinkAboutMINUTES OF A SPECIAL MEETING HELD APRIL 29, 2014 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A SPECIAL MEETING HELD APRIL 29, 2014 A Regular Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Auditorium of the Livonia City Hall on Tuesday, April 29, 2014. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Elizabeth H. McCue Michael E. Duggan, Jr. Craig Pastor Jason Rhines Robert Sills MEMBERS ABSENT: None OTHERS PRESENT: Michael Fisher, Assistant 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. Seven (7) members were present this evening. The Secretary then read the Agenda and Legal Notice to each appeal, and each petitioner indicated their presence. Appeals came up for hearing after due legal notice was given to all interested parties within 300 feet, petitioners and City Departments. There was 1 person present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 16 April 29, 2014 APPEAL CASE NO. 2014-04-21: An appeal has been made to the Zoning Board of Appeals by Christine Stratos, 9250 Merriman, Livonia, MI, seeking to store a commercial vehicle on residential property not housed within the garage. Commercial vehicles must be kept within the garage when stored on residential property. The property is located on the east side of Merriman, (9250), between Westfield and Grandon, Lot No. 139-03-0088-000, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance, Section 4.02 (g),2 "Permitted Uses." Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for Mr. Kearfott? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Scott, how did this case come before us again? Is this something that comes every couple of years or--I see a couple other approvals here. Kearfott: Did this come before us? Pastor: According to some of my paperwork, it's been here twice before. Fisher: I think-- McCue: I think it might be other cases. Henzi: Those are other cases. Kearfott: Those are other occasions. Pastor: Oh, I'm sorry. McCue: More for precedents than anything else. Kearfott: You caught me off guard. Pastor: I apologize. Is this a complaint from somebody? Kearfott: Yes. Pastor: Thank you. Sills: Mr. Chair. Henzi: Mr. Sills. Sills: I have a question for Mike. Mike, do we consider a city street residential property? Fisher: We tell residents who have commercial vehicles "you put that vehicle in the garage and close the door and nobody cares. Otherwise, find a commercial place for it, City of Livonia, Zoning Board of Appeals Page 2 of 16 April 29, 2014 not on residential streets because they are part of the neighborhood too." The idea of this ordinance provision is to protect the residential character of neighborhoods. Sills: The reason for my question was because the house in question does not have a side yard and the petitioner is using the street to park his vehicle. And the street I think belongs to the City and cannot be construed as private property. Fisher: No, that's true too. And the--like I say the point of this is protect the residential neighborhood. If this were a commercial area, I think there might be a difference, but that's not what this is. Sills- Thank you. Henzi: Any other questions for Mr. Kearfott? I have one, Scott, I just wanted to ask; it looks like you've been out to the house a few times. And when you went did you go different days of the week, different times of the day that sort of thing? What I'm trying to find out is, you know, did you go during the week and found that it wasn't there, it's only there on the weekends? Or were you finding it every time you went? Kearfott: Well he works a lot of--you know--he works a lot so a lot of times when I came there it wasn't there. So, you know, while I'm at work he's probably at work also. Henzi: Okay. All right, thank you. Any other questions? Hearing none, will the petitioner please come to the podium and state your name and address? Clingan: Daniel Clingan, 9250 Merriman, 48150. Henzi: Mr. Clingan, can you tell me what relationship you have to the property and the petitioner Christine Stratos? Clingan: I'm the owner of the property and that's my fiance. Henzi: Okay. Go ahead and tell us about why you want to keep the commercial truck there. Clingan: The way the property lay out there, there's actually several commercial vehicles in the neighborhood and I think that's how I got--you know--wrapped up in this. I've had a vehicle there since 2008 and never had a problem with it. I think the problem lies deeper in the neighborhood due to congestion or something along those lines, I'm not sure. But the ones deeper in the neighborhood, the way the neighborhood is set up they can pull their vehicles in between--in their driveway, and it's in between the houses so nobody can see the vehicle except for them and their neighbor--their immediate neighbor. The way my property is set up, in my driveway is still in public view. I'm not able to pull it behind the house. My garage is actually behind my house but there's is no way--no way to hide the vehicle on the property. Henzi: So you're saying if you lived on Westfield, you'd pull up to the garage and it would be behind the house? Clingan: Correct, and then in which case nobody would be able to see it except for the immediate neighbor. Henzi: Describe how often it's there? City of Livonia, Zoning Board of Appeals Page 3 of 16 April 29, 2014 Clingan: The vehicle is there on a regular basis on a nightly basis. We do an on call service 24 hour service so we can run anywhere from--there really is no set hours. We run at--all throughout day and night depends on what's going on at the time. Henzi: Is there a reason you can't keep it at the shop? Clingan: The facility is not set up to house a vehicle that there's no way to store it at the shop. Henzi: Thank you. Any questions for the petitioner? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Where's your shop located? Clingan: On Eight Mile between Farmington and Merriman. Pastor: Do you not have a parking lot at your shop? Clingan: There's an exterior parking lot, there's no inside parking. Pastor: But there's outside parking just like you are parking on the street? Clingan: There is outside parking. Pastor: You park it on the street outside your home? Clingan: Outside of my home is a much more comfortable--the vehicle is loaded with tools and a large inventory of parts. Leaving it on a commercial lot outside is--is--it--it is problematic. Pastor: I'm kind of not seeing the difference between leaving it on the street outside your house-- Clingan: It's much safer by my house. It's a much safer environment at my house than it is on Eight Mile Road. Pastor: Is this your--is the heating van your business? Is this your business? Clingan: No, sir--no, sir. Pastor: So you're not responsible for the vehicle anyways? Clingan: No, sir. Pastor: The tools inside the vehicle are yours? Clingan: Correct. Pastor: All of them? Clingan: The majority of them, not all of them. Pastor: That's all for right now. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. City of Livonia, Zoning Board of Appeals Page 4 of 16 April 29, 2014 Caramagno: How long have you lived in the house? Clingan: Since 2008. Caramagno: Okay, have you had--have you had a similar van or something since then? Clingan: I've always had a service van similar to this one. There was a--it was a different van for a couple of years. Caramagno: Different in which way? How different? Clingan: It was a different company; the lettering was a little bit different. It was a white van as well with the ladder rack. The lettering I believe it was--blue and yellow was the lettering on that truck. Caramagno: So, it was a similar van it had lettering, it had a roof rack, it had a--it was a commercial van basically? Clingan: Correct. Caramagno: Do you have a second vehicle? Clingan: I do. Caramagno: And you keep that where? Clingan: There's actually three vehicles so there's--one of the them will always be either in the garage or on the street. Caramagno: Okay, and you've been doing what you do for a living for about how long? Clingan: Since 1999. Caramagno: Okay. And has it always included a work vehicle? Clingan: Yes. Caramagno: Have you ever considered putting up a larger garage and putting that vehicle in the garage? Clingan: No, I have not. I have not pursued that. Caramagno: That would alleviate your problem though right? Clingan: Yes, it would. Caramagno: Okay, that's all I've got. Henzi: Mr. Clingan, why don't you park it in the garage? Clingan: The garage isn't able to hold it. The height of the garage--the physical size of the garage all together I'm not sure about the length but I know that the height won't hold the vehicle. Henzi: Is it--it's got to be because of the roof rack then? Clingan: Yes. Henzi: I'm sorry, the ladder rack? Clingan: The ladder rack, correct. City of Livonia, Zoning Board of Appeals Page 5 of 16 April 29, 2014 Henzi: And do you always park it in the driveway? Clingan: No, it is not always parked in the driveway. Upon approval it's my understanding that it would have to be parked in the driveway. But as of--since I've been there it has not always been parked in the driveway. Henzi: What do you mean upon approval? It's supposed to be kept in the garage or at your place of work. Clingan: Well, that's why I'm here today to see if I can keep it in the driveway instead of keeping it in the garage or at the place of work. Henzi: Well that was my question, do you always park it in the driveway or do you sometimes park it on the street? Clingan: I'm sorry, I thought I answered that. It's usually parked on the street, but sometimes it is parked both ways. Henzi: Would--I'm sorry, I cut you off. Clingan: Oh, that's all right. It just depends on the day. Henzi: Would All City Refrigeration let you store it at the shop? Clingan: It's--it can't be housed inside the shop, so they do not want to store it at the shop. Henzi: Do you have anything from your employer? Clingan: No, sir. Henzi: What are you going to do if we deny this? Clingan: I don't know. I'll have to figure that out at that time. I guess my next option is taking it to the next court above, I don't know. Henzi: I mean can't you go back to All City and say look my community won't let me park it here? Clingan: I've addressed that in the past because it's--this was brought to my attention a couple of months ago. But they said that they've had problems with that in the past and it's just gone away they've never--you know--they've got other vehicles here in Livonia with the same situation that they don't have an issue with. So, they're really not looking to take issue with mine. Henzi: I mean, your boss told you that there are coworkers of yours that park their company issued truck at their house and no one ever complains, so therefore you should be able to do the same? Clingan: Essentially, correct. Henzi: Do you have a problem with any neighbor? Clingan: No, I get along with all my neighbors. Henzi: No one has ever come to you and said "hey you've got to get rid of that truck?" City of Livonia, Zoning Board of Appeals Page 6 of 16 April 29, 2014 Clingan: Nobody's--nobody's ever even come along--I'm not quite sure where the complaint comes from. I was never made aware of where that complaint comes from. Henzi: Okay. Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Your place of work on Eight Mile Road, there's no other vehicles stored outside? You don't store any other vans or trucks there? Clingan: No, sir, all the guys take their vehicles home at the--or they keep their vehicles at their houses. Caramagno: I'm trying to picture the yard, 1--Eight Mile Road between Farmington and Merriman? Clingan: The parking is located on the--or the building itself is located on the south side of Eight Mile just--you guys are probably familiar with the McLaren building? Caramagno: I've got a--I've got--I kind of can picture the area, I know what it looks like. Clingan: The parking is on the east side of the building. Caramagno: Okay. Thanks. Mr. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You said the McLaren Building, how far east or west of the McLaren Building are you, I'm trying to picture-- Clingan: I believe it is--it's within a couple of buildings. Pastor: East or west? Clingan: It would be west. Pastor: West? Clingan: I think there's a storage facility directly next door to us, I don't know if that helps you at all? Pastor: How many employees work at your business or your company? Clingan: I believe there's eight total--nine total, I'm sorry. Pastor: Eight vans? Clingan: I'm sorry? Pastor: Eight service vans? Clingan: No, they do not all run trucks. There is one, two--four trucks, four service vans. Pastor: How many vehicles does the company have if you know? Clingan: I mean there's--there's company cars, like the service manager has a company pickup. City of Livonia, Zoning Board of Appeals Page 7 of 16 April 29, 2014 Pastor: Are they lettered like this too? Clingan: Not exactly like that, his--his pickup is lettered just in the windows. Pastor: That's all I have for right at this moment. Henzi: Any other questions? Fisher: Mr. Chair. Henzi: Mr. Fisher. Fisher: You said there's a storage facility next to where you work? Clingan: Correct. Fisher: Is there any way you can park the vehicle there? Clingan: It's a--they're cubicles, they're--I don't know how to-- Fisher: They don't have parking? Clingan: I'm sorry? Fisher: They don't have parking? Clingan: No. Fisher: Okay. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: The building you are in, I know it but I can't picture it right now. Is there--how much parking is outside of that? Clingan: On the--I would say ten--fifteen spots on the east side of the building. Pastor: And none of those spots are conducive for keeping this vehicle there? Is that what you are telling us? Clingan: Correct. Pastor: Hmm. Thank you. Sills- Mr. Chair. Henzi: Mr. Sills. Sills- I think this--this sounds more like a convenience for the petitioner rather than a hardship. Could you cite your absolute hardship in this case? Clingan: There's--I have to have a service vehicle. I've--I've--I'm in an industry where you take your service vehicle home every day. You're responsible for your vehicle no matter what company even if it wasn't with All City. In my trade I would be issued a service vehicle and have to take that service vehicle home. Sills- But you did realize it was against the ordinance of the City of Livonia? Clingan: Well, unfortunately in 2008 1 did not realize that. I was made aware of it about- -approximately six months ago. The neighborhood has lots of service vehicles. I mean City of Livonia, Zoning Board of Appeals Page 8 of 16 April 29, 2014 it's--it's--the majority of our business is the industrial section of south Livonia. I live in a neighborhood of service men and women that have service vehicles. The--the only issue which--I'm not quite sure, but most of those vehicle are parked on the street at any given- -every evening, but if they're not they are pulled behind the house. The way my lot is set up I can't hide a vehicle behind the house. McCue: Mr. Chair. Henzi: Mrs. McCue. McCue: But the ordinance states that it needs to be in the garage, right? So while we're hiding it between houses-- Clingan: Well-- McCue: I get where you're coming from. Clingan: I'm not sure that the ordinance does, I've never been issued the actual ordinance, I'm not sure that is actually does say in the garage. I was told in the past that it was okay for them to park their vehicle--you know--the way they have in between the houses. So I don't know the specific--to the ordinance. McCue: And who told you that? Clingan: I don't recall. McCue: Okay. Thank you. Henzi: Any other questions? Pastor: Mr. Fisher is looking up the ordinance. Fisher: Just for the record, the--this is from Section 4.02 (g)(2) of the zoning ordinance. "No more than three vehicles shall be housed in a private garage, and all inoperable or unlicensed vehicles or vehicles bearing visible commercial advertising, equipment or accessories, shall be housed in a garage when not in use." So yes, they are supposed to be in the garage. McCue: Thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: If you get denied this evening are you losing yourjob? Clingan: Not immediately, no. I'll take the next step to see if I can figure it out through Wayne County. And then at which point I'll probably--I don't know what I'll be doing at that time. If I don't have the vehicle--if I'm not able to house the vehicle or secure the vehicle then I will. Pastor: You will? Clingan: I will have to--I will lose my job. I will have to find another job. Pastor: I guess I'm surprised that your boss is not here since in my opinion it's more his problem than yours. City of Livonia, Zoning Board of Appeals Page 9 of 16 April 29, 2014 Clingan: It--well it's--its-- Pastor: Well, he's the one that is telling you that you have to take it home, don't worry about it, the City will forget about it. Clingan: Well no, it--it's my problem, it's my vehicle. It is the profession that I chose, this is this the direction that I went. Unfortunately I didn't realize at that the time there's an ordinance. Not that that's anybody's fault but my own, but that's what brought me today. It's not his responsibility. Everybody in this field understands that that's the way it goes and that's not-- Pastor: That's not totally true. I'm a general contractor, I know heating and cooling guys. Most of their guys take their vans home. Their service guys don't, but most of the other vans go to the shop. Clingan: I'm a service guy, I don't know. Pastor: And you have four service people in your--in your--at the business? Clingan: Correct. Pastor: So all your technicians are service technicians on call? Clingan: Correct. Pastor: You guys don't take turns on call? Clingan: We rotate--we rotate the on call. Pastor: So how many days of the week are you on call? Clingan: It's one week every third week. Pastor: One week every third week? Clingan: So I'm on for a week-- Pastor: Yep. Clingan: --then there's two weeks off, I'm on that third week. Pastor: So in essence all you are saying is you need that vehicle there one week or every other week? Clingan: No, sir. Pastor: You don't need it there every-- Clingan: I leave for work sometimes at five in the morning; I might not get home until midnight that evening. It's--I need the vehicle-- Pastor: I know many people here that do the exact same thing. They leave at three--four o'clock in the morning go to work, and come back sometimes two--three o'clock at night. I don't see where that's any different than anybody else here. Clingan: It's the--it's the part that--they way the lot is structured, it doesn't allow me to do what ninety percent of the other--or ninety eight percent of the other neighbors can do with their lot. I'm not able to-- City of Livonia, Zoning Board of Appeals Page 10 of 16 April 29, 2014 Pastor: I'm not trying to be rude, but get off that because they are in violation too. Unless you put it in the garage they are in violation. So you keep going back to that point, I understand that point because I had a friend at one time that did the exact same thing. But that's not what the ordinance reads. Clingan: Right. Pastor: So because someone else is getting away with it, doesn't mean you should get away with something different. Clingan: Well before that was read to me I really didn't--I thought that--that's why it's in my head because I thought that you were able to hide those behind the house as long as it wasn't in plain view that everything was fine. Pastor: I'm done, thank you. Henzi: Can you take the ladder down every night and get it in the garage? Clingan: Yeah, that wouldn't be a problem. Henzi: Than why don't you just do that? I know it's a hassle but-- Clingan: It's a ladder--I believe the ladder would pose a problem. Fisher: Not if you put it in the garage. Caramagno: No, he's talking-- Henzi: Could you take the ladder off and fit the vehicle in the garage? Clingan: No--no, I couldn't. It's got a ladder rack that's attached. Henzi: Because the rack is still too high? Clingan: Correct. Henzi: Okay. Any other questions? Hearing none, there's no one in the audience. Are there letters? Caramagno: There sure are, there's an approval letter from Theresa Baker and Richard Baker, 9235 Merriman Road, (letter read), an approval from Craig Dominiak, 9178 Merriman Road, (letter read), an approval from Steven Mahady, 9251 Merriman Road, (letter read), an approval from George Simmons, 31361 Westfield, (letter read), and an approval from Raymond Rubin, 9320 Merriman Road, (letter read). Henzi: Mr. Clingan, is there anything you want to say in closing? Clingan: No, I think we've got everything. Henzi: Okay, thank you. I'll close the public portion of the case and begin the Board's comments with Mrs. McCue. McCue: I totally understand where you are coming from. I understand there are a lot of people who do things so we pattern what we do after that, but I'm struggling with--I'm struggling with supporting the fact that we allow the truck to be there on a couple of levels. Number one it's against our ordinance. Number two we start making exceptions to that and it grows. So I am probably going to have to say I will not support the variance. City of Livonia, Zoning Board of Appeals Page 11 of 16 April 29, 2014 Henzi: Mr. Duggan. Duggan: I would probably want to table this mostly for a couple of reasons. One I need to understand more from--at least get a letter from your employer, something saying why you can't park there. I understand you don't want your tools five miles away from you where you can't--you know--where you can't keep track of them, but the ordinance is pretty clear about commercial vehicles. And I too am very hesitant to grant an exception because I think it will be a huge wave. And I think it's probably more appropriate to go to City Council to talk about changing the ordinance than going to us. My other point is that if you had an extra foot on your garage or so, you could get the truck--the van in. So my point is I think there's a couple alternatives that you could look into and then we could make a decision as opposed to us kind of half going through the options and not totally understanding what the alternatives are. So at this time I would be in favor of tabling the motion. Henzi: Mr. Pastor. Pastor: Yes, I was actually thinking the same thing about a tabling motion. I am kind of disappointed that your employer says don't worry about it they will forget about it. And so I'm a little bit disappointed about that. I would also like to take a look at their office. I didn't take a look at their office, I know where it is at, I live right down the street from there. I'd like to take a look at the building and see how it is. The other thing is being on call one week out of three doesn't really jive with me with the hardship. I know other people in his trade and I see other trucks on the street don't get me wrong I see--even in my own subdivision I see a couple trucks like this on the street, but I know--I know other businesses that have their trucks go home except for their service trucks. And when I say home, I mean to their offices. I don't understand why this truck can't go back for at least for two weeks out of those three weeks. You can take your tools out, it's not--it's a pain but it's not that big of a deal. You have hand tools most likely, maybe a couple of power tools but that's generally all service people supply. So I probably would make a tabling motion after I've heard from the rest of the people. Henzi: Mr. Caramagno. Caramagno: Well, I've got to echo some of the things that I've already heard from the other members. Some of the biggest things that I see is that you've got options, you really do. You've been doing this for fifteen years, you understand the theory of bringing the work vehicle home. And whether you understood the ordinance or not or just pushed it until you got caught, you got an option to build a bigger garage or your employer can build you a bigger garage to keep that vehicle there if it is that important. This--this sets a bad trend. I know one letter said it's only 150--250--350 van and I hear that and understand that, but that happens to be what you have. Someone comes home with a service truck with a crane on it; someone comes home with a miniature tow truck. Whatever the case may be, your type of vehicle--van-- and there are other vans that really has no bearing on it for me. It's still a commercial vehicle, lettered. So the letter that kind of justifies this doesn't do much with me. It starts a bad trend. It gets out of control, you could see many vans and service vehicles all lined up down that street. That's not why those people bought to live in a residential neighborhood; they didn't buy them to live next to a heating and cooling guy, a plumber, a technician-- City of Livonia, Zoning Board of Appeals Page 12 of 16 April 29, 2014 Clingan: That is the neighborhood sir--that is our neighborhood. Caramagno: The building--not parking at your building on Eight Mile Road, I don't necessarily--I can't picture it in complete just right now. But there are security measures, cameras, alarms, things you can put on these vehicle to park them there. And I don't know--it's only five miles away. If we were talking about twenty five miles away, it would probably open my eyes. I don't know if I would vote for it but it would probably open my eyes. But you are talking about five miles up the road. So I'm not in support of this. Henzi: Mr. Sills. Sills- I cannot support this. I think that if your employer would be here tonight we could make a lot more inroads than what we are right now. But the ordinance is very specific. I think that the condition that you are presenting to us tonight does not show a hardship to the point where it is really necessary to have you park this van on the street. I think it is more a convenience thing on your part. And as my colleagues have mentioned only one week out of three that you are on call doesn't merit parking on the street every day. So I will not support this petition. Henzi: Mr. Rhines. Rhines: I have similar sentiments as my colleagues as well. I would just like to add that I respect your professionalism coming in here and I think that if your employer did let you go rather than work with you that he would probably be losing a valuable employee. But I agree that--you know--I don't see an exorbitant hardship beyond what other people also suffer. So, at this point and time I cannot support this either. Henzi: Yeah, I have to agree with the rest of the Board members. Just to give you some context, the ZBA has heard cases exactly like yours for a long time. I don't know that a case like this--that a variance has ever been granted. And to me like Mr. Duggan said it is more of a legislative function. These cases and storing an RV, it's more for City Council to say whether it is appropriate or not. But everyone has hit the nail on the head that you're fortunate in that you only have to drive to Eight and Farmington to store this. And you know we get business owners that come to us and want to store trucks with signage and phone numbers in front of their business and so I would be shocked--I would like to hear your employer tell me that it's unsafe or unusual to park a service van on Eight Mile Road. I mean we are not talking about a quiet area. It's a commercial hub on both sides of the street. Clingan: Well I think that's--that is the problem. I see the direction we are heading and I do understand everybody's logic in going down that road. Parking the vehicle in a commercial lot after hours on Eight Mile, I don't think you're going to find a commercial service vehicle parked on a commercial lot on Eight Mile after business hours. Henzi: Well, I'm sure going to look if we table this. But-- Clingan: I think the real-- Henzi: --it's not Five Mile, it's not Six Mile, it's Eight Mile. There's tool and die shops, there's warehouses, it's an area where large trucks are stored. If-- Clingan: If I can see this-- City of Livonia, Zoning Board of Appeals Page 13 of 16 April 29, 2014 Henzi: --I heard there is a crime outbreak respectfully in the service trucks on the Livonia side of Eight Mile that's your employer's problem, not yours. So what we could do is give you--do you a favor and table this is; there is consensus and what will probably happen there will a time limit like you have to come back within a certain period of time. People are going to check out your place of employment. You'll probably be encouraged to bring your employer with you. Or you are going to get a denial and you won't be able to park after tonight. So having said that, the floor is open for a motion. Pastor: Mr. Chair. Henzi: Mr. Pastor. Upon Motion by Pastor supported by Sills, it was: RESOLVED: APPEAL CASE NO. 2014-04-21: An appeal has been made to the Zoning Board of Appeals by Christine Stratos, 9250 Merriman, Livonia, MI, seeking to store a commercial vehicle on residential property not housed within the garage. Commercial vehicles must be kept within the garage when stored on residential property. The property is located on the east side of Merriman, (9250), between Westfield and Grandon, Lot No. 139-03-0088-000, R-1 Zoning District. Rejected by the Inspection Department under Zoning Ordinance, Section 4.02 (g),2 "Permitted Uses" be tabled to give petitioner an opportunity to take the Board's comments into consideration and bring his employer or additional witnesses to the rehearing of this case, provided that if petitioner does not, within forty-five (45) days, schedule a prompt rehearing through the Zoning Board's office, this variance request shall be deemed denied. ROLL CALL VOTE: AYES: Pastor, Sills, McCue, Duggan, Rhines, Henzi NAYS: Caramagno ABSENT: None Henzi: So this has been tabled. So what will happen is if you want to get back on the agenda, the next available meeting is June 3rd but you have to contact Bonnie in the ZBA office by May 16th to get on the agenda for that night. Clingan: Okay. Henzi: So the motion is you have to come back within 45 days and that is to make sure that you don't just never come back. So you've got to come back and if you made the City of Livonia, Zoning Board of Appeals Page 14 of 16 April 29, 2014 application and there is no meeting available within 45 days we will probably work with you. Clingan: What do you mean if I don't come back? Pastor: You get an automatic extension until the next meeting. Henzi: Right. Clingan: What do you mean--you said if I don't come back? Henzi: Some people get tabled and never come back. Clingan: Oh, okay. Henzi: We want to solve this one way or the other. Clingan: Okay. Henzi: If it's tabled to be honest with you in my opinion the Board is helping you because you don't have to pay to come back. You can change your presentation, you can bring witnesses, you can change your plan. So when you ask to be rescheduled you can say I'd like to change my plan, you don't have to change it all. Butjust take into consideration the comments that the Board made. Clingan: All right. Henzi: Everyone will go check out the shop and then you would be smart to bring somebody from work in my opinion. Clingan: Okay. Henzi: Anything else? Okay, good luck. Clingan: Thank you. Henzi: Okay. City of Livonia, Zoning Board of Appeals Page 15 of 16 April 29, 2014 Pastor: Do we have some minutes? Duggan: Yes. Henzi: March 11th Duggan: Mr. Chair, I would like to make a motion to approve the minutes from March 11 th Motion by Duggan, supported by Pastor, to approve the minutes of March 11, 2014. There being no further business to come before the Board, the meeting was adjourned at 7:40 p.m. SAM CARAMAGNO, Secretary MATTHEW HENZI, Chairman /pcb City of Livonia, Zoning Board of Appeals Page 16 of 16 April 29, 2014