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HomeMy WebLinkAbout2013-07-23 City of Livonia, Zoning Board of Appeals Page 1 of 31 July 23, 2013 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A SPECIAL MEETING HELD JULY 23, 2013 A Special Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Auditorium of the Livonia City Hall on Tuesday, July 23, 2013. MEMBERS PRESENT: Matthew Henzi, Chairman Craig Pastor, Vice President Sam Caramagno, Secretary Elizabeth H. McCue Kathleen McIntyre Robert E. Sills MEMBERS ABSENT: Ed Duggan, Jr. OTHERS PRESENT: Michael Fisher, Assistant City Attorney Dennis DeMeyer, City Inspector Bonnie J. Murphy, Court Reporter, CSR-2300, CER-2300 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. Six (6) members were present this evening. The Chairman asked if anyone wished to be heard by a full Board and one case 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 35 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 2 of 31 July 23, 2013 APPEAL CASE NO. 2013-07-26: Masoud Shango, on the east side of Merriman (13820), between Schoolcraft and Industrial, seeking to construct a fuel pump canopy and fueling stations resulting in deficient building setbacks of the commercial building. PETITIONER REQUESTED TO BE HEARD BEFORE A FULL BOARD CASE NOT HEARD City of Livonia, Zoning Board of Appeals Page 3 of 31 July 23, 2013 APPEAL CASE NO. 2013-07-28: Joseph and Cheryl Williams, on the south side of Perth (33129), between Westmore and Mayfield, seeking to erect a 6-ft. tall privacy fence on a corner lot resulting in excess fence height, and the fence not aligning to any fencing on the adjacent property. Petitioner also seeks approval of having two fences adjacent to each other along the east rear yard lot line and not obtaining the neighbor’s approval for a privacy fence. Henzi: Mr. DeMeyer, anything to add to this case? DeMeyer: The Department has nothing to add at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Hearing none, will the Petitioners please come to the table. Good evening. Petitioner: Good evening. Henzi: Could you tell us your names and addresses? Petitioner: (Joseph) Joseph Williams, 33129 Perth. Petitioner: (Cheryl) And Cheryl Williams, 18590 Gill Road. I co-own the house with my son, but my husband and I have our own home. My son and his family live in the house. Henzi: Can you tell us why you want to construct your fence. Petitioner: (Joseph) Just for a little added privacy, I actually have three kids and two rather large dogs and with all the dog traffic in the neighborhood that would just help me out to have a privacy fence instead of just a standard chain link fence. There are just tons of dogs that walk by and I have a 6-year old, a 7-year old, and a 1-year old that I want to make sure they stay in the backyard when they’re playing. Henzi: When you’re talking about privacy are you talking, you know, you get a lot of traffic on that corner on Westmore? Petitioner: (Joseph) Yes, sir. Henzi: Do you have a style fence that you’re proposing? Petitioner: (Joseph) Yes, sir. Henzi: Okay. Anything else? Petitioner: (Cheryl) Do you have any questions? Henzi: I don’t. I’ll ask the Board. Pastor: Mr. Chair. City of Livonia, Zoning Board of Appeals Page 4 of 31 July 23, 2013 Henzi: Mr. Pastor. Pastor: Can you answer me why you didn’t get permission from your other neighbor that you want to double up the fence on? Petitioner: (Cheryl) Well, that neighbor is here tonight and her concern is which she explained to me is when she put that fence up, they paid for the fence and under her understanding it’s her fence and we’re not allowed to do anything with that fence and she wasn’t 100 percent sure she wants a privacy fence. Again, one of the reasons for privacy there is because she has this real cute little dog and he has three kids and two big dogs and we really don’t want her dog to get scared if the kids are roughhousing or if the dogs are roughhousing or things like that. And the property behind her, they put up a privacy fence next to her chain link and there’s never been a question so she thought that that’s what she thought we could just do. But she is here tonight. Pastor: We don’t allow that. Petitioner: (Cheryl) And we understand that and we’ve explained that to her and we’ve shown her pictures of the fence and she is here tonight and she has spoken to her attorneys about this and so she is here tonight to voice her opinion. Pastor: Why are you going with wood instead of vinyl? Petitioner: (Cheryl) Cost. If we could afford the vinyl, we definitely would be doing vinyl but it’s not in the budget, not with all the things –the house was original owners and we’re having to redo a whole lot inside of the house for them to be up to date and up to code and that so the budget doesn’t have it for the vinyl. Sills: Did you get permission from the neighbor to the south? Petitioner: (Cheryl) Yes, we did. Yes, that was all turned in, Bonnie and the Building Department got all that paperwork, yes, yes. She has no problem with it. In fact, we’ve already cleared the yard, it was so overgrown from the elderly people that were there not being able to care for it and we’ve cleared all of that the first weekend that we owned the house. And the lady behind that we met, very, very nice, and she just signed, she had no problem, she’s totally together with it, she totally understands with three little ones and dogs and especially on the corner, as my son said, there’s a lot of foot traffic with dogs of all sizes and you know concern of the kids, sticking their hands through the fence, and one of those dogs biting the kids and things like that, a little bit of everything has been taken in consideration for the privacy. Sills: You don’t have permission from the neighbors to the east, you know double fencing is not allowed. Petitioner: (Cheryl) We understand that. And when I originally talked to Helen and she explained her concern, I came back to the Building Department and Randy explained that the only options that we have was to ask for permission to put up the double fence City of Livonia, Zoning Board of Appeals Page 5 of 31 July 23, 2013 or to try to work things out with her. Well, since having asked for the double fence and getting on the docket for tonight, she has talked to me about the fact that she’s talked to her attorneys and they’ve drawn up a letter that they wish us to sign, and if we sign that she’ll sign ours but she’s really not keen on her fence coming down so. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You’re putting this fence close to the sidewalk, how close to the sidewalk, it doesn’t give us a dimension there. Petitioner: (Cheryl) It’s on the property line. We had the house totally surveyed, boundary surveyed and mortgage so it wasn’t just the property, they went, I don’t know six houses in every direction I think, and it is with the property line. So probably, I’m going to guess, three inches maybe, it’s --- Petitioner: (Joseph) To the sidewalk? Petitioner: (Cheryl) To the sidewalk. Petitioner: (Joseph) So it would be like a foot. Petitoner: (Cheryl) No, it’s not a foot, I don’t think. Petitioner: (Joseph) From the sidewalk to where the fence is. Petitioner: (Cheryl) Yeah, I don’t think it’s – it may be six inches then. But where that back stake is to the sidewalk, that’s not a whole foot there, I don’t think. It could be, it might be 12 inches but we didn’t measure it because it’s with the property line and it is not on the – doesn’t show it on the boundary thing. It doesn’t give you inches, yeah, he didn’t show it on there, did he? Pastor: Thank you. That’s all I have. Henzi: So the two fences that you’re proposing, are the ones with lattice? Petitioner: (Cheryl) Yes, the tall one with the lattice, yeah. There’s one at Lyndon and Westmore that’s almost identical to that that’s beautifully done and that’s what we hope to copy so to speak. Henzi: Right on the corner? Petitioner: (Cheryl) Right on the corner of Lyndon and Westmore, yeah, it’s beautiful and it’s very nicely done and that’s what we want to try and do also. We’re going to seal the fence with a protective coating so that it’s weather resistant and will last for a long, long time. City of Livonia, Zoning Board of Appeals Page 6 of 31 July 23, 2013 Henzi: Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Since you brought that up, what type of maintenance do you plan on doing with this fence, even when you seal it in the future it will – the sealant will come off and I’d be concerned about wooden fences and the reason I don’t care for them is because ten years down the road they don’t look very nice. Petitioner: (Cheryl) Well, hopefully my son and his young family right now have the struggles with all young families with finances so mom and dad are helping out here, so hopefully in four or five years then the fence might be able to go to a vinyl fence and then we could replace. If not, we would be resealing everything and you know maintaining it. Pastor: How often do you plan on resealing it? Petitioner: (Joseph) Every three to five years. Pastor: Thank you. Henzi: Any other questions? Mr. Caramagno. Caramagno: How long have you owned this home? Petitioner: (Cheryl) We just signed on it June 7th and we’ve been working in the house, him and his gal and the kids and my husband and I, we had to switch out all the electrical and you know things like that, so you know it had to be done before they could go in to make sure it was safe and so they’re probably going to move in right after we get the fence up, because with the dogs they can’t live there without the fence. Caramagno: Is the house vacant now or is someone living there now? Petitioner: (Cheryl) Well, no, there’s nobody staying there overnight but there’s somebody there every day working on the house. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Hasn’t the house been vacant for almost ten years? Petitioner: (Joseph) Awhile. I’ve heard anywhere from two years to five years. Petitioner: (Cheryl) The people that we bought from were actually the trust and the woman or the gentleman died in ’06, the woman died in ’07, but according to the City of Livonia, Zoning Board of Appeals Page 7 of 31 July 23, 2013 trustee, their grandson was living in the house until just a few months before we bought it. But neighbors have told us that it’s been empty for a long, long time so it was so overgrown, the house was so dirty, everything was had to be, you know we’re having to do everything. Pastor: Are you planning on doing any more exterior improvements? Petitioner: (Cheryl) Just yard work, yes. Pastor: Landscaping? Petitioner: (Cheryl) They’ve already pulled out all the overgrown and we’re going to put flowers in the front, then the back is probably going to be pretty well empty because of the kids. Pastor: I’d suggest you cut your lawn, it looks pretty long. Petitioner: (Cheryl) Yeah, he hasn’t had – with having his other home he hasn’t had time to keep up with the rain and the grass. Pastor: Thank you. Sills: Would you be satisfied if you didn’t have a privacy fence on the east side? Would the chain fence that’s there be sufficient? Petitioner: (Cheryl) Personally, myself, I’m not going to live in the house, he is, but we’ve talked about this and we both have concerns because of the children and the dog because she has such a small dog, we just don’t want the kids thinking it’s a little toy playing, and get it aggravated or get it upset and hurt it. You know with his dog being larger, we don’t want the dogs to scare her little one and it’s a cute little dog, I’ve seen it, I’ve held it, it’s darling but I just --- we don’t want any problems. Sills: You didn’t quite answer my question. Petitioner: (Cheryl) Would we be totally upset? We’d be disappointed, I think, wouldn’t that be the word? Petitioner: (Joseph) Yes. Petitioner: (Cheryl) We’d be disappointed. Because we’d be concerned about what would happen in the future, you know. Henzi: Mr. Williams, do you have a privacy fence where you live now? Petitioner: (Joseph) Yes, sir. Henzi: Do you live in Livonia? City of Livonia, Zoning Board of Appeals Page 8 of 31 July 23, 2013 Petitioner: (Joseph) Farmington Hills. Eight and Farmington. Henzi: What kind of dogs, you said they’re big dogs. Petitioner: (Joseph) It’s a Pit and Lab mix, they’re both Pit and Lab mixes. Henzi: Anything else? Is there anybody in the audience who wants to speak for or against the project? If so, come on up. Good evening. Burger: Good evening. I live at 33119, I’m the neighbor on the east side. Henzi: What’s your name? Burger: Helen Burger. Henzi: What would you like to say? Burger: Well, I have many concerns. I have a statement here about my concerns, if you would care to take a look at it or would you want her to read it? Henzi: Sure. Burger: This is my lawyer. Utter: Elizabeth Utter, U-t-t-e-r. I’m a resident of Northville, not Livonia. Essentially this was the letter that Mrs. Burger gave to the next door neighbor. “Dear Sir or Madam: The purpose of this letter is to address the proposed privacy fence construction on your property which adjoins the property of Mrs. Paul S. Burger”, the letter was drafted by myself. “In order for Mrs. Burger to grant permission for this construction, the following terms must be met and agreed to. First, the privacy fence must be maintained on both sides of the property. If the owner of the privacy fence must enter Mrs. Burger’s property in order to make repairs to the privacy fence, they shall obtain Mrs. Burger’s permission first. Second, all supporting posts and protruding bolts, screws and/or hardware of the privacy fence shall be inside the lot and face towards the interior of owner’s lot and comply to the City of Livonia’s Code of Ordinances, Section 15.44.090(c). Third, the privacy fence construction must not disturb or destroy the flower gardens or any statues on Mrs. Burger’s property. Fourth, in the event that damage or destruction occurs to Mrs. Burger’s flowers, plants or bushes, statues or any other decorative ornament, the owner must pay to replace destroyed items at fair market value. Lastly, Mrs. Burger must be shown how the privacy fence is going to be attached to the remaining part of her fence in order to assure esthetic and neighborhood compliance. Mrs. Burger would greatly appreciate your assistance and cooperation in this matter.” Henzi: So what do you mean by remaining fence? Burger: W ell, it was my understanding that their fence has to go even with the back of their house, correct? And my chain link fence does not have a pole at that point. So City of Livonia, Zoning Board of Appeals Page 9 of 31 July 23, 2013 and I – my gate is there and I just don’t know how they would connect that fence with my fence, the remaining fence. Petitioner: (Cheryl) Her fence extends further north than ours will. Petitioner: (Joseph) Past the side door. Henzi: So, Mrs. Burger, you’re willing to remove that part of the existing fence if your neighbor will abide by the conditions your lawyer just read? Burger: And if I have some assurance as to how it’s going to be attached to the remainder of my fence. Henzi: Okay. Petitioner: (Cheryl) And again, her main concern is the main end on her side of the fence because she does have the double fence on the back of her property and it’s in complete disrepair. Burger: And that’s been there for years and when they put that up we were not aware that there was an ordinance against putting a fence adjacent to another fence. Petitioner: (Cheryl) It was how long ago? Burger: I’ve been in the house about fifty years and the fence has been there that long and that fence has been back there for about forty years I would say, you know. I have many concerns, even if I leave my --- you know, decide not to sign and leave my chain link fence, I’m concerned about their dogs. Because I have grandchildren and great grandchildren that come into my yard and so there are many concerns I have, really. And I understand where they’re coming from and I would feel better, too, if they put up a vinyl fence where the maintenance would not, you know, there would be no question about the maintenance. Henzi: Okay. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Mrs. Burger, you’re the original resident of that house, are you not? Burger: Yeah, well, we bought it, actually there was a Ford Motor Company family that lived in it for two years and then we bought it. So it was two years old when we bought it and we’ve been in there ever since. Pastor: If this Board allows them to put up a double fence, most likely, I’m not going to say it is going to happen but most likely we will require them to take down that chain link City of Livonia, Zoning Board of Appeals Page 10 of 31 July 23, 2013 fence, do you understand that? If we allow them to put up this fence, most likely your fence has to come down. Burger: I don’t have, you don’t need my signature? Pastor: I’m just asking you if that’s the way the Board goes, I’m not saying it’s going to happen, because we don’t allow double fencing. Burger: No, I called the City regarding this. Pastor: If for some reason the Board understands or if you --- excuse me, can you two talk and sign her paper because it’s not unreasonable. Petitoner: (Joseph) They’re not going to let us put both fences up. Petitioner: (Cheryl) And that’s what I told her and explained to her, that these were all things that we were going to do to begin with and we are --- we are accepting all of the costs at this point, that’s why we can’t do vinyl because we’re paying for the whole fence. We haven’t asked her for anything, we haven’t asked the lady behind us for anything. If the people behind us or if Helen wants to split the cost of vinyl, we’d love to put up vinyl but we can’t afford it. Burger: Well, I’ll tell you when we put up our fence, there was not one neighbor who contributed to the fence. Petitioner: (Cheryl) And I understand, yes. Henzi: Well, hold on. Well, Mrs. Burger, I’ll go back to my question, maybe I wasn’t clear. Are you agreeable to having the chain link come down in exchange for a new vinyl or are you asking for the chain link to stay? Petitioner: (Cheryl) The new wood. Henzi: Right, new wood, I’m sorry. Burger: I would have to have them sign this paper. Henzi: That’s my point. Are you saying I’ll let the chain link come down if they agree to these terms? Burger: And if I know what they’re going to do about my fence that’s remaining. Henzi: Petitioners, what do you say to that? Petitioner: (Cheryl) We don’t have a problem with that. We told her we would do all this stuff before she even talked to her attorney and she didn’t want to sign the paper at that time. And we had already told her we were going to take care of everything. City of Livonia, Zoning Board of Appeals Page 11 of 31 July 23, 2013 Burger: Well, a verbal agreement is only worth about --- Petitoner: (Cheryl) Well, good neighbors make verbal agreements and get along so that’s what we were trying to do. We have no problems signing that as long as that she understands that we’ve got into the yard to take the fence down and she’s going to be maybe a week without a fence while we get the posts in and get them set and all that. Pastor: Are you doing the fence yourself? Burger: Yes, they are, they’re doing the fence themselves and for me not to have a fence for a week and I have a small dog, you know, there’s a lot involved. Petitioner: (Cheryl) Well, even if we had a company do it because I’ve talked to them, to have a fence company do it we’re looking at 6 to 8 weeks out and then we’re looking at posts going in and sitting for a week before they come back because they want those posts solid and they schedule their work accordingly. I called ten different fence places to get prices and all of them were five grand and we just don’t have that so that’s why we’re doing the work ourselves. And my son works for a sign company so they dig postholes and put up signs all the time so he and his coworker know exactly what they’re doing in setting the posts and how to do it so that’s why we felt comfortable doing it. Pastor: So why do you have to take down --- can’t you put as a temporary measure leave her fence up, put the posts in, put the panels in and then take her fence down, that way she’s not without a fence, she doesn’t have to be without a fence? Petitioner: (Cheryl) As long as the City doesn’t have a problem with us not having it on the property line but we were told it had to be on the property line. Pastor: Is her fence on the property line? Petitioner: (Cheryl) Yes, her fence is on the property line. Pastor: Mr. Fisher, can it be off six inches? Fisher: And that’s not unusual for them to be off six inches. Petitioner: (Cheryl) Then the only issue then there is if we’re off six inches, we won’t be connecting to her fence and she’ll have a --- Petitioner: (Joseph) We’re taking her fence down. Petitioner: (Cheryl) No, no, no because your fence can only go to the back corner of your house. Her house sits here and her fence comes up to here. Burger: That’s a concern anyway because where their fence is going to end, I don’t have a pole there. City of Livonia, Zoning Board of Appeals Page 12 of 31 July 23, 2013 Pastor: Well, they can install a pole for you. Petitioner: (Cheryl) Well, we can put a pole in there. Pastor: Right. Petitioner: (Cheryl) But if we put the fence up, then take hers down, there could be a 6-inch gap there. Because I don’t know how close we can put the posts to get it so that --- Pastor: I suppose you could do the last panel last and as you’re taking it down put the last piece, use quick dry cement, it dries in 40 minutes. Petitioner: (Cheryl) Yes, we could probably do that. Pastor: And then you’re all done and once that last post, you put it in at the last minute, it’s going to be where it needs to be and take --- yeah, that logistic is not that difficult. Burger: So then they’d have to put a pole in and attach it to the remainder of my chain link going to my gate? Pastor: They would have to make it so your chain link fence would not fall over. Petitioner: (Cheryl) Right. Now, to get her chain link fence out, though, after our --- after the 6-foot privacy is up, to get her chain link out, I’m not sure if you’ve ever been to her home or not, to get into her yard and take those posts and all that fencing out, we have to work over her flower beds and all or her ornamental figurines and things that are in the yard and that would maybe be --- Pastor: You know, ma’am, I can’t solve all of your problems. Petitioner: (Cheryl) I understand that, I understand. I’m just trying to find a solution, too. Pastor: Well, because the other solution is you’re not going to get it. Petitioner: (Cheryl) I understand and that’s why we’re here to try and work things out and I asked Helen to --- I told her specifically to make sure she watched for the Notice on the meeting so she could be here and we could maybe come up to some agreement between everybody. McIntyre: Mr. Chair. Henzi: Mrs. McIntyre. McIntyre: Are your dogs violent? I keep hearing a lot, have you licensed your dogs with the City yet? City of Livonia, Zoning Board of Appeals Page 13 of 31 July 23, 2013 Petitioner: (Cheryl) No, because they haven’t moved in yet. McIntyre: When you move in you need to get that done. Petitioner: (Cheryl) Yes, as soon as they’ve moved in. McIntyre: You know there are a lot of neighborhoods where people have a lot --- there are a lot of dogs and I don’t recall, I’ve been on this Board for over a year, I don’t recall a case of a privacy fence being driven by the need for dogs not to see each other or dogs not to see children or a small dog not to see a big dog, so I’m just having a little bit of a hard time understanding. Burger: If I could inject something here. I had nine children and dogs in that backyard. McIntyre: I guess I’m not, I’m failing to see the pressing, pressing need for a privacy fence between two houses when there is a secure chain link fence that’s there, when your dogs are not violent, I mean are your dogs going to jump the fence? Petitioner: (Joseph) They could, yeah. McIntyre: It sounds to me like this is a --- Petitioner: (Cheryl) They’re 100 pounds each. McIntyre: But this sounds to me like this is a fence to solve a problem, a bigger problem with dogs that can’t be trusted to stay in the yard. Petitioner: (Cheryl) Well, we’re concerned, we don’t know how the dogs will react to her little one, okay. They might get along just fine and be cuddling up against the fence but we don’t know how they’re going to react and we’re trying to avoid any problems and with the three small children, we don’t want the kids kicking balls in the yard and then going into her yard. McIntyre: There’s a fence there. Petitioner: (Cheryl) Yeah, but believe me those kids can kick the ball, you know, and get it pretty high. McIntyre: I see a fence as being used to solve problems that aren’t going to be solved by a fence. I mean I’m struggling with this and with all the logistical difficulties of getting the fence in place and to do this the way it needs to be done. And I understand why you have the concern, I’m not criticizing the agreement, but to put up a fence that requires a contract it just doesn’t feel like --- Petitioner: (Cheryl) That’s why my son and I went over and talked to her. McIntyre: I understand, I understand. City of Livonia, Zoning Board of Appeals Page 14 of 31 July 23, 2013 Petitioner: (Cheryl) And tried to do it on a friendly basis, I answered all her questions. McIntyre: Many, many neighbors live together. In our neighborhood you can’t have fences and people have dogs. So I guess I’m not understanding why people can’t live side by side with kids and two dogs and a dog and it’s not going to work and you know ahead of time you need a privacy fence based on all these other cases we’ve had on this Board in my tenure about privacy fences. Henzi: Anyone else in the audience want to speak for or against the project? Go ahead. Martin: Christopher Martin, 12275 Inkster, Livonia 48150. Can you hear me, Bonnie? Reporter: Yes, I can hear you now, thanks, Chris. Martin: Okay. I’ve attended these meetings for a considerable amount of time and there are concerns with dogs and privacy fences, that’s why people want to put them up. Sometimes neighbors don’t get along, they don’t want to look at each other, so they want a privacy fence. Children are involved at other times. There was one on Laurel just between Plymouth Road and Pinetree, an Arab couple was in here and she was deathly afraid of dogs. The neighbor had dogs and so the guy was in here three times and tried to get a fence put in. But it was mentioned here by Mr. Pastor that these things were not allowed, they aren’t and that’s why you’re in front of the Zoning Board, an appeal. That’s why you’re here, that’s why you paid the $150 and let everyone within 300 feet know that and had the meeting scheduled. So if you drive throughout the City, the privacy fence that you had mentioned, ma’am, that was there 40 years or whatever, well, that was prior to the establishment of these new regulations. And prior to that you could put a privacy fence right next to a 4-foot cyclone and there was no problem, no permit, no issue was raised. But it is that way now. But you guys can approve this if you want, but let her keep her 4-foot cyclone, it’s right on the property line, she paid for the fence, she paid for the survey originally to have it installed and at a proper location, and let the abutting neighbor put up the 6-foot wooden privacy fence. Henzi: Anyone else want to speak for or against the project? McInerney: I’m Suzanne McInerney, I live at 19020 Mayfield and I totally agree with this gentleman about the fences. Martin: And the show is over after that. Henzi: Anybody else? Are there letters? Mr. Sills? Sills: This may be way out in left field but I don’t know too much about these hidden fences that they sell for dogs. Petitioner: (Cheryl) Oh, those, the invisible fence? City of Livonia, Zoning Board of Appeals Page 15 of 31 July 23, 2013 Sills: Yes. Is it possible to have your privacy fence on the east side and the south side and let this young lady have her chain link fence and you put a hidden fence on your property? Petitioner: (Cheryl) Do you want to speak to that? Petitioner: (Joseph) I don’t see it necessary to electrocute the dogs. I mean it’s not because they’re violent or anything, it’s not. It’s just a privacy fence and it’s a privacy fence. Sills: What do you mean electrocute the dogs? Petitioner: (Joseph) They wear a shock collar and when they run past that line that’s in the ground, it shocks them. Petitioner: (Cheryl) And if they get too close to that line, it shocks them. Petitioner: (Joseph) That’s why they run back to the yard. Sills: Is that how that works? Petitioner: (Cheryl) Yes, yes. Utter: I’m not a dog expert obviously, but they get accustomed to it so they don’t run up to the line anymore. Petitioner: (Joseph) Accustomed to getting shocked? Utter: Yes. Well, don’t do it anymore. Petitioner: (Cheryl) Yeah, but it’s still --- Henzi: There is no question on the floor. Mr. Sills, go ahead. Are you finished? Sills: I think they finished me. Henzi: I have one question, I’d like to go back to Mrs. Burger real quickly before we read the letters. What’s your preference? Is your preference to remove the chain link fence with the conditions that your lawyer read or is your preference to have both fences? Burger: Understand, I don’t want to be a bad neighbor, you understand that. But I have to protect myself, too, you know, and I don’t know what the answer is to tell you the truth. I am deathly afraid of pit bulls, I’ll tell you that, because I’ve seen programs on TV where pit bulls are supposedly the most gentle, kind, loving dogs and they attack someone. So, that’s one of my concerns. And I don’t want to have that pit bull jumping over fence to get at one of my great grandchildren or one of my grandchildren. City of Livonia, Zoning Board of Appeals Page 16 of 31 July 23, 2013 Henzi: Let me explain a little bit why I’m asking you. When we have these kinds of issues come up between neighbors, I mean sometimes the neighbor that doesn’t have a fence says don’t put a new fence in because I like the open air, I’d like to be able to look out. And sometimes neighbors will say put it up, I’d rather look at this nice wooden fence than look at the chain link abutting up against the wood fence. So really what I’m asking is what would you prefer to look at when you’re in your yard? Burger: I have another statement to make. Originally in Kimberly Oaks no one could have fences. And that somehow was overlooked and people started putting fences in so I don’t know how that happened. Now I don’t know how subdivision ordinances, do they count with the City or if that’s just neighborhood, you know. But we had a pool, so we had to put up a fence, otherwise we would not have put up a fence actually. But I want a fence that will be maintained and I want something that will not go into my gardens and my bird bath back there, I have statues, religious statues and I don’t want my garden tools and I don’t want my statues broken. The one, my bird bath was made by my father-in-law who has passed away so it means a lot to me, you know. Petitioner: (Cheryl) And she has beautiful flower gardens, I mean it’s very pretty but it comes right to the fence because it’s been there a long time and she’s done a beautiful job of keeping, she’s got rose bushes and all kinds of things. Henzi: Could you read the letters? Caramagno: Yes. Approval from Cathy Slingwein, 33122 Perth, (letter read). Then an objection, (letter read), David at 33705 Middleboro. Sandra at 33127 Grennada writes an objection, (letter read). An approval from Julie at 14194 Westmore, an approval from David Hunt at 14155 Westmore, Jean at 14263 Westmore writes an approval (letter read), Eugene Singer at 33107 Perth sends an approval. Michelle Powers at 33106 Middleboro sends an approval. Wayne and Sandra Elias at 33118 Middleboro writes an approval (letter read). Henzi: Is there anything you’d like to say in closing? Petitioner: (Cheryl) Just that we want to be good neighbors and that’s why we approached Helen at the beginning and you know I talked to her in detail as to what her concerns were and you know we don’t have a problem signing the letter and I wish we could put up vinyl fencing but we just don’t have the financial means to do that with everything else at the house with everything else at the house not having been maintained for so long it does need. And I wish we could do the vinyl because I know that she would prefer but it’s just not in our finances for that so we have to go with the privacy wood fence and we plan on maintaining it. You know we’ve maintained the current homes that we both have and we’re not the type to let things lay around and get antsy. Henzi: Did you receive a copy of this letter? Burger: Yes, I gave her a copy of this letter. City of Livonia, Zoning Board of Appeals Page 17 of 31 July 23, 2013 Petitioner: (Cheryl) Yes. Burger: And if she would be willing to sign this, and if she would get her fence up as quickly as possible as to Mr. Pastor, you know, so that my dog doesn’t get loose. As long as they could maintain my fence as long as possible and put their posts in and they sign this paper I would be willing to go along with it. Henzi: My questions, Mrs. Williams is, is there a reason why you didn’t sign the letter before today? Petitioner: (Cheryl) Because we had already requested this because of the west side being next to the sidewalk and when I came and talked to Randy, Randy said go ahead and we’ll ask for this because I had talked to her on the phone. And then after I come in and we had done all of the paperwork for this meeting and it had the double fence in there and that, then she called me and I picked up this paper. So it wasn’t until after this meeting was set that I got the paper. So we decided to not make for too much and not know what the City would or would not go and help us with here, so that’s why we waited. Henzi: Okay. I’ll close the public portion of the case and begin the Board’s comments with Mrs. McCue. Pastor: Excuse me. Henzi: Mr. Pastor. Pastor: Mike, if she signs this paper, do we need to make a resolution? Fisher: Well, the sum of what she’s asking for still requires a variance, it just won’t be the double fencing because we’re eliminating the double fencing which I assume you weren’t going to give her anyway. Pastor: Thank you. McCue: Yes. I mean, I would agree if as Mr. Fisher said the double fence issue would go away and with that signed, that would be my first --- that would not be an option to me in supporting that unless you can agree with that, I’m fine with that. I don’t have a real problem with the height. Granted we’d all like vinyl, that would be better. I understand where you’re coming from. I think in the whole big picture of everything you will all be better in the long run with the tall fence, so I believe that I will be able to support it provided it all works out and the both sides being agreeable to that and we just have to make sure we’ve got conditions for that in the approval. Henzi: Mr. Pastor. Pastor: Yes. I would not have voted for a double fence, I’m vehemently against that. But I also, Mrs. Burger, remember running through that subdivision with no fences. City of Livonia, Zoning Board of Appeals Page 18 of 31 July 23, 2013 Burger: Right, right. Pastor: There was only a couple people that had fences only because they had pools. Burger: Right, right. Pastor: And nobody else did. Burger: That’s right. Pastor: I was one of the rug rats running around in everybody’s backyard so. Burger: But there were a lot of rug rats then. Pastor: There were a lot of them. You know, the best kick the can games you can ever imagine. But I will approve this as long as the paperwork gets signed and the neighbor agrees to her fence. Henzi: Mr. Caramagno. Caramagno: I’ll be in support as well. I think you were close when you walked in the door here in getting an agreement but your double fence was a no go from the start, at least from me. There was some talk about the fence removal, putting one up, taking one down, leaving six inches, two inches on either side, I’d caution against that myself. I wouldn’t want to leave any of my property on the other side of the fence. How do you maintain that, I don’t know. I think the short term pain for taking a fence down and not having your dog fenced in is probably a relatively small price to pay for the long term gain having the large fence and keeping your dogs out of her yard and interacting with the children. Obviously what you want signed is a detailed arrangement about nuts, bolts, connection to your fence and damage to your property, that’s something they’re going to sign and that should take care of it. Obviously if you had a contractor doing this work they’d be insured and bonded and all those kind of things and you’d have an option there, too, but it sounds like you’re real close and if you guys agree I will not stand in the way of it. Henzi: Mrs. McIntyre. McIntyre: I’m not in favor of privacy fence as an option for the reason people have dogs and kids but if you’re in agreement, I’m not going to stand in the way. Petitioner: (Cheryl) Thank you. Henzi: Mr. Sills. Sills: I’ll also be in approval with your petition. There’s no fence on the west side right now and there’s no fence on the south side right now. Petitioner: (Cheryl) Correct. City of Livonia, Zoning Board of Appeals Page 19 of 31 July 23, 2013 Sills: So you’re going to construct those and then the only problem we had is with Helen and we’ve resolved that so if you’re all happy then I’m happy, too. Burger: Well, I’m not completely happy. Henzi: I will approve the petition with some conditions. I think that good cause exists. This property borders on Westmore which is commonly a thoroughfare for this sub, if you come in off Farmington lots of folks headed north to their house are going to drive right by this house. I think it’s fair to have a fence in the side yard. Petitioner: (Cheryl) Thank you. Henzi: I’m cognizant of, you know, the existing property owner’s rights on all these types of case, you just can’t force the fence in if they don’t want it. But it seems like we’ve resolved that problem. And so I would just like to suggest that one of our conditions is that we incorporate the terms of the letter produced by Mrs. Burger and then any of our other conditions that we usually put in, you know the same place as presented, remove the chain link and a timeframe so they can get going. So the floor is open for a motion. Upon Motion by Caramagno, supported by Pastor, it was: RESOLVED: APPEAL CASE NO. 2013-07-28: Joseph and Cheryl Williams, 33129 Perth, Livonia, MI 48154, seeking to erect a six foot tall privacy fence upon a corner lot within the corner side yard resulting in excess fence height and the fence not aligning to any fencing on the adjacent property. Petitioner also seeks approval of having two fences adjacent to each other along the east rear yard lot line and not obtaining the neighbor’s approval for a privacy fence. Fence Height Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the south side of Perth, (33129) between Westmore and Mayfield, Lot No. 087-04-0388-000, R-1A Zoning District. Rejected by the Inspection Department under Fence Ordinance 15.44.090A,4, bi, bii, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the property borders Westmore which has a heavy traffic flow and because of Petitioner’s dogs and the neighbor’s dog, there is a need to keep them separate. 2. Denial of the variance would have severe consequences for the Petitioner because it would not allow them to have the privacy and safety afforded by the fence. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because there are other privacy fences in the City of Livonia, Zoning Board of Appeals Page 20 of 31 July 23, 2013 neighborhood and an agreement with the adjacent neighbor has been put in place thereby negating the need for the double fence variance as well as a sign- off from the neighboring property. 4. The Board received seven (7) letters of approval and two (2) objection letters from neighboring property owners. 5. The property is classified as “Residential” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the fence be constructed as presented and at the location described. 2. That Petitioner comply with the terms of the agreement drafted by the neighbors on the east property line. 3. That construction of the fence be completed within three months and that construction of the fence on the east property line have a 10-day timeline. Sills: Is there anything specifying maintaining the fence? Pastor: That’s in the agreement. Burger: I don’t have anything in the agreement. Petitioner: (Cheryl) Yes. Must be maintained on both sides of the fence but there’s no time to it. Sills: Okay. Burger: And another question, I should have asked it before, but the bottom of the fence, will that, so the dogs can’t get in, it will touch the ground? Petitioner: (Cheryl) Yes. Caramagno: Well, the maintenance of the fence obviously you could put a timeframe on it but if a board comes off, you don’t wait three or five years, you fix it right now. Petitioner: (Cheryl) Right. Caramagno: The fence must be maintained at all times. Petitioner: (Cheryl) Right. Henzi: Mr. Fisher, you had a comment? Fisher: Yes. Just so we’re clear, we’re denying the part of the variance request that relates to the double fence, is that correct? Caramagno: Yes. Pastor: Support. City of Livonia, Zoning Board of Appeals Page 21 of 31 July 23, 2013 Henzi: Any other discussion? Hearing none, please call the roll. ROLL CALL VOTE: AYES: Caramagno, Pastor, McCue, Sills, McIntyre, Henzi NAYS: None ABSENT: Duggan Henzi: The variance is granted with several conditions, I’ll read them one more time. Petitioner: (Cheryl) Okay. Henzi: You’ve got to erect the type of fence presented in the place where you presented you were going to place it, you’ve got to remove the chain link, abide by all terms set forth in your letter discussed tonight, it’s good for three months meaning you’ve got three months in which to complete it, you’ve got to close the east side fence within ten days, you’ve got to maintain the fence at all times and no double fence. Petitioner: (Cheryl) Yes. We plan on starting the fence as soon as I can get a permit. Henzi: Good luck. Petitioner: (Cheryl) Thank you. City of Livonia, Zoning Board of Appeals Page 22 of 31 July 23, 2013 APPEAL CASE 2013-07-29: Bellagio Homes, 19060 Mayfield, seeking to erect a single family dwelling on property resulting in deficient lot depth. Lot Depth: Required: 120 ft. Proposed: 100 ft. Deficient: 20 ft. Henzi: Mr. DeMeyer, anything to add to this case? DeMeyer: Not at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Dennis, I have one. In an RUF, is there a minimum lot depth or just minimum lot size? DeMeyer: I believe it’s minimum lot depth. Henzi: Because this is R-3 and I’m just curious if RUF is a lot different? DeMeyer: Give me a minute here to look. I believe it’s just minimum lot size. Henzi: A half acre, right? DeMeyer: Yes. Fisher: Well, you have to have a minimum front yard of 50 feet and then a rear yard of 50 feet, so it’s 50 feet plus whatever the houses would be, I mean 100 feet plus whatever the houses would be. Henzi: Okay. Good evening. Petitioner: Good evening everyone. Enrico Soave on behalf of the Petitioner, address 37771 Seven Mile Road in Livonia. I must admit my tenure in dealing with municipal issues is, especially City of Livonia, my first glance at this variance request or at the lot presented I was somewhat puzzled myself so long as the house plan proposed or submitted to the Building Department fitted and had the necessary setbacks required by the R-3 Zoning, it didn’t need a variance. To my surprise speaking with Planning Department and with the Building Department and I think this occurred when they amended the Zoning Ordinance 2005 that they added minimum lot depth requirements. My experience and common nomenclature was so long as you met the minimum width required for that zoning and it had the minimum square footage requirement per that zoning, it would be a conforming split and wouldn’t require a variance. In that event if this was a petition for minimum width or whether it’s R-1, R-2 or R-3, or it’s deficient in square footage it would have to go to Council. This is not the case here and because there’s minimum lot depth requirements this found itself in front of this Board this evening. Based upon the house plan provided and the plot plan, this house would be conforming in every aspect except now for the minimum lot depth of 120 feet per the Zoning Ordinance. Looking at it we have plenty of frontage, R-3 requires minimum of City of Livonia, Zoning Board of Appeals Page 23 of 31 July 23, 2013 80 feet, we have 114, setbacks to the rear are 30 feet, R-3 requires 30 feet, and the minimum side yard far exceeds what’s required for combining 18 feet. Also, to note, we do have I think minimum square footage requirement for a lot in R-3 Zoning is 9600, this one we have 11,400 square feet. Also in conjunction with this petition, there is a house at 32535 Seven Mile which needs to be remodeled, especially the exterior. If this petition was approved tonight, the new house scheduled and proposed to be built, would also have the remodification with 32535 as well because of the ability to build the new house. You have elevations in front of you for the proposed house, I believe the square feet is 2300, it will be brick on all four sides, excuse me, it will be a four-bedroom colonial, two car side entry garage and the proposed house is very typical with most of all new construction homes that are built nowadays in the City of Livonia. Also here tonight we do have a buyer for this house, Mr. V.J. Patel is in the audience tonight, and if this should be approved tonight, my client will be on the path of building Mr. Patel a new house. He is currently a Livonia resident and likes Livonia schools and would like to keep his family in Livonia and I would like to answer any questions that the Board may have this evening. Henzi: It’s a side entry garage, right? Petitioner: Correct. Henzi: On which side? Petitioner: It would be on the most southern side. So it would be next to 19020 Mayfield which we have 30 feet between that lot line and the corner of that garage. Henzi: Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: The other parcel, what are you planning on doing to that other house, are you re-siding that? Petitioner: That house needs a new roof on it, some of the siding doesn’t need to be replaced, it definitely needs to be fixed and repaired, a couple new garage doors, I believe entry doors. This house is very unique in the sense that I’m not sure which is the rear yard, the front yard or side yard since it has entry doors I believe on every side of the house. This one does have, actually they both have driveways off Mayfield which makes it a lot easier for traffic so no one is entering off of Seven Mile Road. But that one would be remodeled. I believe when they purchased the home this was on the market for quite some time. Part of that reason was it’s a unique house and in order to update it and to make it suitable and appealing for resale required extensive modifications and extensive amount of resources for that matter. Pastor: I’m kind of trying to line up the front house compared to the back house, it looks like the back house is actually a little further back from the road maybe as much as five City of Livonia, Zoning Board of Appeals Page 24 of 31 July 23, 2013 feet. So you won’t be lining up with the side of the houses how I’m seeing it because as you say the garage enters Mayfield almost it looks like that could be a Mayfield address other than it’s also on Seven Mile as well. So you’re actually using a further setback in the old house I guess is what I’m saying, that’s correct? Petitioner: I think that’s a correct statement, yes. Pastor: Thank you. Henzi: Any questions for Mr. Fisher? Do you know what the intent is behind the 120 foot lot depth requirement? Fisher: Well, first I would say I would think Mr. Soave is misinformed because that ordinance he cited has not been amended since 1979, so this is not a new innovation. But anyway, generally speaking, all these minimum size and dimensional requirements are there to protect over densities and have that nice open feel that people are looking for in this community. Petitioner: Mr. Chair, if I may? Henzi: Sure. Petitioner: One more tidbit of information, during my research with the Engineering Department, Bill Yee specifically in looking for the sanitary sewer availability, water is on the same side as this house on Mayfield and the proposed house, but when he pulled up the availability to have a sanitary sewer, when they ran sanitary sewer down Mayfield, they actually put a lead in for 32535 that connected from – used to be on septic, now it’s on sanitary. But they also did leave a sanitary sewer lead for that vacant lot. I can only deduce that that was for thinking maybe perhaps they envisioned a house being built there in the future. And if I may circulate this to the Board. Henzi: Or if the owner of 32535 had the foresight to think that maybe someday there would be a split? Petitioner: Correct. They don’t put this in by accident. Henzi: While I’m at it, I’ll throw another lead in? Petitioner: Correct. Henzi: Got it. Okay. Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Rico, you said the garage is going to be on the south side of the parcel, coming from the south? City of Livonia, Zoning Board of Appeals Page 25 of 31 July 23, 2013 Petitioner: Correct. The side entry garage off the south so facing Mayfield there won’t be a front entry garage. Caramagno: I understand that. This elevation you’ve got for us, this drawing, where is the south entrance on this picture? It looks opposite to me. Petitioner: Yes, this plan, it’s reversed. Sometimes the architect doesn’t have his glasses on. Caramagno: Apparently. There isn’t any intention here to build this house with a north facing garage entrance and do something with this other detached garage, is there? Petitioner: No, it’s completely by coincidence. I think the most appropriate spot for that garage would be towards the south. Caramagno: Do you have any plans for the detached garage on this existing home or is that just staying there, what happens with that? Petitioner: That will continue to remain existing other than some modifications to it, a new roof, new garage doors. We already put a new exterior door on there because the other one was pretty much bolted shut. Caramagno: So this picture, this achitect’s drawing is just wrong? Petitioner: Correct. I guess when they --- we don’t have full drawings because this plan is specific to this lot so to mitigate costs instead of spending another couple thousand dollars, we spent the money on an elevation on how the house would look, if this is approved tonight, our architect will go ahead with complete drawings with the garage on the south. Caramagno: Is this the house you purchased, in other words move the garage to the other side, is that what it is? Petitioner: Correct. Henzi: Anything else? Is there anyone in the audience that wants to speak for or against this project? If so, come on up. McInerney: I’m Suzanne McInerney and I live at 19020 Mayfield and I would be the next door neighbor. And if I could see what you’re all looking at, I just heard of this yesterday. I don’t know I’d just like to see how this project comes together. And it’s my understanding, I thought about it, that if you’re doing the two homes, updating the house that’s there on the Seven Mile address, my neighbors who I don’t see because they moved away, you would try to keep the colors, similar siding, that kind of stuff and kind of pull that all together? Petitioner: They would be earth tone colors, they wouldn’t be anything outrageous, something that is harmonious with the neighborhood. City of Livonia, Zoning Board of Appeals Page 26 of 31 July 23, 2013 McInerney: I don’t know, you know, truly how I feel. I don’t like to see things get denser, you know, but then on the other hand I truly don’t know what could happen down the line with that property being as it is on Seven Mile and it’s a corner lot, so I don’t think I’m totally against it or for it, I’m just trying to want to find out more information and interested to see how this could all come together. Is there any chance that you guys would want to see more clarification before you go ahead? I know what I do want to ask. Did you get, as in the previous case you got tons of letters and response about the fence by various neighbors about how people felt, some approved, some said they didn’t like it, do you have anything that came in on this, all letters, I would love to hear those, could you read those, would that be all right? Caramagno: When you’re done. McInerney: Okay. I don’t know, I don’t like to see things get more dense but if it could be do a really nice job and you have a special on the garage, I’m not quite sure, the south side is what you’re thinking of having it on, right? Petitioner: It would be adjacent, closer to your house, correct. McInerney: And somebody else was kind of not --- or questioning, planning on going somewhere else with that garage? I didn’t quite get that. Henzi: The architectural rendering is a mirror image. McInerney: Got you. That’s what you were talking about being reversed. Henzi: But they’re just saying that’s a form picture. McInerney: Yeah, if you look at it over here, is that the garage? Petitioner: This is how it’s shown architecturally but in actuality it would be here. McInerney: So this would be here and this would be here? Petitioner: They’re in reverse. McInerney: Okay. And this is a two-story home, this is a two-story garage? Petitioner: Two-car garage. McInerney: Thank you. I think that’s about all I’ve got to say. Henzi: Thank you. Anybody else? Martin: Are you going to allow two garages on the property? Henzi: The lot was split. Go ahead, Sam. City of Livonia, Zoning Board of Appeals Page 27 of 31 July 23, 2013 Caramagno: Maxine Lehigh, at 19000 Mayfield, objection (letter read). And Douglas Waygo, 18980 Mayfield, an objection, (letter read). Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Mr. Soave, the width of this lot, is it similar to the other lots on this block? Petitioner: Yes, it’s actually bigger. On Mayfield, the majority are 80 foot lots and you have one 120 foot lot between Seven Mile and Clarita. Pastor: So this is a wider lot, it’s just not deeper? Petitioner: Correct. Pastor: Okay, thank you. Henzi: Anything you’d like to say in closing? Petitioner: I have nothing further, thank you, Mr. Chair. Henzi: Okay. I’ll close the public portion of the case and begin the Board’s comments with Mr. Pastor. Pastor: I’ve looked at this, it’s an unusual situation, I think you’ve got the square footage of the lot covered, he doesn’t have any other variances that he’s asking for, I actually think the house sits on the piece of property fairly low, I think I’ll be in approval on this, I think this could be a good fit. Henzi: Mr. Caramagno. Caramagno: I find this to be a reasonable request for a lot that’s split and I think it will be good for the neighborhood so I will support it. Henzi: Mrs. McIntyre. McIntyre: A single variance, overall improvement to the neighborhood, adding another nice house to Livonia, again it’s only one deficiency, and the fact that this is a larger lot than most, I think that because part of the reason for the density is visual perception, right, and that I think will more than compensate for the setback deficiency or depth deficiency so I don’t have any problems with this. Henzi: Mr. Sills. Sills: I think the house will fit well in the neighborhood and it will be the last house in the neighborhood and will fill it up pretty much. If you would have put the garage on the side that the architect drew it on, you wouldn’t have to remove all those big trees but now City of Livonia, Zoning Board of Appeals Page 28 of 31 July 23, 2013 that you’ve got it on the south side of the house you’re going to have to remove a clump of big trees there to get the driveway in, you know what I’m saying? Petitioner: Correct. I mean that house could be shifted a little more to the north, there is --- with this plan they’re very generous with the side yard so there’s plenty of play going north or south. Sills: I think the plan has been well-planned out and I’ll be in support. Henzi: Mrs. McCue. McCue: I agree. I agree with what Mrs. McIntyre said about the wider lot and that compensating for the depth, no other variances and again, I’m glad to see what we’re building a new home in Livonia so I will be in support. Petitioner: Thank you. Henzi: I will be in support, too, the biggest thing that convinces me is that the size of the lot is 2,000 square feet bigger than what’s required so that’s why I think this is within the spirit of the Zoning Ordinance. I think Mr. Sills made a good point, I think that actually would be a pretty good idea to move it to the north so the trees are not disrupted because I thought that there was kind of a nice buffer between the house to the south and when I drove by that’s what I initially thought is I couldn’t imagine that those folks to the south would object because they won’t be looking into a garage or anything, they’ve got a nice, natural buffer, that’s just my opinion. I think that that’s a reasonable request. Petitioner: If I may, Mr. Chair. Henzi: Yes. Petitioner: Whatever is read into the resolution, it would give us the option to put it to the north rather than approve as its shown to allow the flexibility to put the garage to the north and to the south rather than read into the record as its shown. Henzi: Yes, that’s fair. Petitioner: Thank you. Henzi: Then you don’t have to do the calculations to reverse your plans. So the floor is open for a motion. Upon Motion by McIntyre, supported by Sills, it was: RESOLVED: APPEAL CASE NO. 2013-07-29: Bellagio Homes, Inc., 19060 Mayfield, Livonia, MI 48152, seeking to erect a single family dwelling on property resulting in deficient lot depth. City of Livonia, Zoning Board of Appeals Page 29 of 31 July 23, 2013 Lot Depth Required: 120 ft. Proposed: 100 ft. Deficient: 20 ft. The property is located on the east side of Mayfield, (19060) between Seven Mile and Clarita, Lot No. 038-99-0012-002, R-3 Zoning District. Rejected by the tMinimum Lot Sizes in R-1 through R-5 Districts”. 1. The uniqueness requirement is met because of the lot split that occurred on this property and the unusual configuration of the lot. 2. Denial of the variance would have severe consequences for the Petitioner because then the home could not be built. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because Petitioner is only requesting one variance on the lot with regard to the depth. 4. The Board received no letters of approval and two (2) 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 Petitioner be allowed the option of having the garage on the north or south side of the house. 2. That construction begin within twelve (12) months. 3. That the house be built as presented to the Board, with the exception of the location of the garage. ROLL CALL VOTE: AYES: McIntyre, Sills, McCue, Pastor, Caramagno, Henzi NAYS: None. ABSENT: Duggan Henzi: The variance is granted with three conditions, you’re permitted to build the garage on the north or south side, comment construction within twelve months and other than the orientation of the garage it must be built as presented. Petitioner: Thank you. Henzi: Good luck. City of Livonia, Zoning Board of Appeals Page 30 of 31 July 23, 2013 CASE NO: 2013-07-30: Sunrise Building Group, 28726 Plymouth Road, Livonia, on behalf of Huma nd Ana Stelian, 29757 Hillbrook, seeking to remove an existing carport and construct an attached garage to a nonconforming dwelling resulting in deficient combined side yard setbacks. PETITIONER FAILED TO APPEAR CASE NOT HEARD City of Livonia, Zoning Board of Appeals Page 31 of 31 July 23, 2013 ______________________________________________________________________ There being no further business to come before the Board, the meeting adjourned at 8:25 p.m. _________________________ SAM CARAMAGNO, Secretary _________________________ MATTHEW HENZI, Chairman /bjm