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HomeMy WebLinkAbout2013-02-19City of Livonia, Zoning Board of Appeals Page 1 of 7 February 19, 2013 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A SPECIAL MEETING HELD FEBRUARY 19, 2013 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, February 19, 2013. MEMBERS PRESENT: Matthew Henzi, Chairman Craig Pastor, Vice President Elizabeth H. McCue Kathleen Mcintyre Robert E. Sills MEMBERS ABSENT: Sam Caramagno Edward E. Duggan, Jr. OTHERS PRESENT: Michael Fisher, Assistant City Attorney Steve Banko, City Inspector Bonnie Murphy, Court Reporter 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 wished to 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 5 persons present in the audience. City of Livonia, Zoning Board of Appeals Page 2 of 7 February 19, 2013 7:00 APPEAL CASE NO. : Henzi: Mr. Banko, is there anything to add to this case? Banko: I have nothing to add at this time, sir. Henzi: Any questions for Mr. Banko? Hearing none, will the Petitioner step to the podium, please. Good evening. State your name, please. Petitioner: My name is Derek Tent, I'm the lessee of the building at 29419 Six Mile Road. We're putting in this petition for a second sign because even though the building is not actually a corner spot, visually it appears to be and because of this people traveling on Middlebelt southbound cannot see the existing sign and people traveling eastbound on Six Mile cannot see the existing sign. We have the measurements of both signs on each side of the building in here, we're allowed the one and we want to put a second sign on the other side of the building. Henzi: Mr. Tent, I just have a couple questions for you. In our packet you've got two signs, so you've contracted with a sign company and this is exactly what it's going to look like? Petitioner: This is exactly what it's going to look like. Henzi: What are the hours of illumination, is it on a photo cell or otherwise? Petitioner: It will be dusk to dawn. Henzi: And then can you describe for us how you came up with the size of the signs? Petitioner: We just looked at the building and then measured the side and what we could fit on there. Representative: My name is Ron Moody and I am with the franchisor and he is actually putting in the franchise. Basically just as far as the sign, I was actually the one who put together the layout and just visually for esthetic purposes that's the way we came up with the sign. It wasn't by any certain calculations, just to fill the space that was available there and we felt that that was an adequate fill of that. Henzi: Is this typical of other signs at these stores? Representative: Yes. Henzi: So this is kind of a prototype sign and logo? City of Livonia, Zoning Board of Appeals Page 3 of 7 February 19, 2013 Representative: Yes. The logo is the trademark across the board. This sign, obviously we can address the sign per each location. Every location has different demands and different requirements but the style of the sign and the actual logo is all PR. Henzi: Okay, thank you. Any questions for the Petitioner? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: Just to couple of comments. I don't think that the proposed sign is going to do any good for cars traveling south on Middlebelt, I think the existing sign that's there will do more good than any proposed sign. But I do think the proposed sign will do a world of good for cars traveling east on Six Mile Road and being the building is right up on the sidewalk, there's no room for a monument sign and so I would agree with the sign that's on the building that you're proposing. Henzi: Any other questions. I had one for Mr. Banko. Do you remember the history of this property, was it a strip center? Banko: Actually the building in question here used to be Shooter's Service. Henzi: Okay. Banko: That was there for years and years. The modifications and alterations made to the building are quite extensive in comparison to what used to be there and actually one of the nonconforming painted on wall signs was at this location on the east elevation which sat there for years and years and years which has now been removed but it covered the whole wall. Henzi: So this is an improvement to the Shooter's Service strip center? Banko: They have moved to the north side of Six Mile. Henzi: Okay. Any other questions. Duggan: Mr. Chair. Henzi: Mr. Duggan. Duggan: I have a question for you guys. You're also going to put a second sign on what would be along Middlebelt so if you're going west on Six Mile it would be right above the door. Do you have any other stores that are done similarly with one sign on the side and then a sign on the other side? Representative: Where we have multiple signs? City of Livonia, Zoning Board of Appeals Page 4 of 7 February 19, 2013 Duggan: Yes. Do you have one like that? Representative: Yes, absolutely. Duggan: Then is that- I know you said it's a prototype but is this sign over the door typical of others? Representative: Yes, yes. Duggan: What about as far as the size of the sign over the door, if you were to shrink it a little bit do you know if cars driving 40 miles an hour down Six Mile, did you look at that at all? Representative: Yeah, I don't know if that calculation as far as distance can be read. But I believe they're about a 24-inch letter, yeah, I believe you had a 29-inch letter. Duggan: Okay, thank you. Henzi: Any other questions? Hearing none, is there anybody in the audience that wants to speak for or against the project? Hearing none, is there letters to read? Mcintyre: There's only one letter and that's from Roger Nettle, 29502 Six Mile, approval. Henzi: Gentlemen, anything you'd like to say in closing. Petitioner: No, we're all set. Henzi: Thank you very much. Petitioner: Thank you. Henzi: We'll close the public portion of the case and begin the Board's comments with Mr. Sills. Sills: As I mentioned before, I think the position of the building going right up against the sidewalk prevents them from having a monument sign so the sign they're proposing would be adequate for traffic going east on Six Mile Road, but I don't think it serves any other purpose. The cars going southbound on Middlebelt could actually see the existing sign better than they could the proposed sign, so they could actually even put a sign on the west part of the building and serve a better purpose than they're doing right now. But I could approve the sign that they're proposing. Henzi: Mrs. Mcintyre. Mcintyre: In looking, driving by and looking at the property, given the size of the building and given the fact that it does function a lot like a corner property because the building at the corner doesn't come to the corner, and the way that you've got the sign City of Livonia, Zoning Board of Appeals Page 5 of 7 February 19, 2013 done, to me I think they're keeping with the spirit of the signage regulations in Livonia and like I say, it's always nice to see a new business coming and remodeling being done and I don't know what the saturation of sign shops is, but I'd certainly rather see something innovative and a sign shop going in than a coffee store or something else so I don't have any problems with supporting this. Henzi: Mr. Duggan. Duggan: I, too, will be in support. You guys have a unique, that is essentially a corner business right there, based on your unique location. Furthermore, to me, I know the businesses next door to you have smaller signs than you will have but they don't seem to mind, there are no letters from them so that was a big thing for me so I will definitely be in support. Henzi: Mrs. McCue. McCue: I agree, just in supporting what other members have said up here tonight. Where the building is located and the way it is set up a little bit closer to the road, it functions as a corner lot so typically speaking I'm not a big one to say - I'm not a big exception person in relation to others around but because there's a uniqueness of the location I think I will also be in support. Henzi: I, too, will support. I really have no problem with the extra sign for all the reasons stated. I mean I consider this to be a corner lot and the Petitioner deserves a second sign. At first I was a little concerned over the excess but as I look at the sign package and what I listened to tonight, I think there was a concerted effort to blend it into the building, it's a unique fascia and I think that it's going to look nice. I don't think that they shot for the moon and overshot, I should say in terms of size, so I'll go along with this as presented. The floor is open for a motion. Sills: Mr. Chair. Henzi: Mr. Sills. Upon Motion by Sills, supported by Duggan, it was: RESOLVED, APPEAL CASE NO. 2013-02-05: H & A Investments, 29421 Six Mile, Livonia, Ml 48152, on behalf of Lessee, Derek Tent, 18981 Melvin, Livonia, Ml 48152, seeking to erect two wall signs upon a commercial building. Wall Signs Allowed: One Proposed: Two Excess: One Wall Sign Area Allowed: 70 sq. ft. Proposed: 128 sq. ft. Excess: 58 sq. ft. The property is located on the south side of Six Mile (29419) between Oporto and Middlebelt, be granted for the following reasons and findings of fact: City of Livonia, Zoning Board of Appeals Page 6 of 7 February 19, 2013 1. The uniqueness requirement is met because the location of the Petitioner's building is such that eastbound traffic can't visualize what the store is without the proposed sign. 2. Denial of the variance would have severe consequences for the Petitioner because of the potential loss of business. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because without the sign it would be easy to miss the store. 4. The Board received one (1) letter of approval and zero (0) letters of objection from neighboring properties. 5. The granting of the variance will not adversely affect the purpose or objective of the Master Plan because the property is classified "General Commercial" under the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance be granted with the following conditions: 1. That no additional signs be placed on the building. 2. That the sign be built as presented to the Board. 3. That the sign be built within 3 months. ROLL CALL VOTE: AYES: Sills, Duggan, McCue, Mcintyre, Henzi NAYS: ABSENT: Caramagno, Pastor Motion by Duggan, supported by Mcintyre to approve the minutes of September 11, 2012 and October 23, 2012. Motion carried, all ayes. There being no further business to come before the Board, the meeting adjourned at 7:30p.m. City of Livonia, Zoning Board of Appeals Page 7 of 7 February 19, 2013 Motion by Duggan, supported by Mcintyre to approve the minutes of September 11, 2012 and October 23, 2012. Motion carried, all ayes. There being no further business to come before the Board, ·(6 meeting adjourned at 7:30p.m. /bjm