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HomeMy WebLinkAbout2013-10-22 City of Livonia Zoning Board of Appeals - 1 - October 22, 2013 MEMBERS PRESENT: Matt Henzi, Chairman Sam Caramagno, Secretary Betsy McCue Kathleen E. McIntyre Robert E. Sills MEMBERS ABSENT: Craig Pastor, Vice Chairman Edward E. Duggan, Jr. OTHERS PRESENT: Michael Fisher, City Attorney Dennis DeMeyer, City Inspector Helen Mininni, 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. ________________________________________________________________ (7:05 #1/88) APPEAL CASE NO. 2013-10-54: Metro Detroit Signs, 23544 Hoover, Warren, MI 48089, on behalf of ABC Supply Company, Inc., 11970 Farmington Road, Livonia, MI 48150 seeking to add two wall signs while maintaining a ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF SPECIAL MEETING HELD OCTOBER 22, 2013 City of Livonia Zoning Board of Appeals - 2 - October 22, 2013 ground sign resulting in excess wall signs. Wall signs are not allowed with a ground sign in this Zoning District. Number of Wall Signs Allowed: Zero Proposed: Two Excess: Two The property is located on the east side of Farmington (11970) between Farmington and Mayfield. 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, good evening. Can you tell us your name and address? Deters: Hello, I’m Kevin Deters from Metro Detroit Signs. The address is 23544 Hoover Road, Warren, Michigan 48089. Henzi: Mr. Deters, go ahead and tell us about the proposed sign. Deters: Okay. ABC Wholesale Supply has a few different sites in the area that are becoming ABC Supplies or actually already have as a matter of fact. We’re doing four locations in the Detroit area one of them obviously being this site here in Livonia. It’s just part of a regional changeover for them. We have a permit to change the faces on the pylon sign that they have or you might call it a pole sign. We just haven’t done it yet. We haven’t received the faces yet, but we are going to do that so, that sign is not going to say Lee Wholesale Supply any more it’s going to say ABC Supply. We’re just waiting to receive product before we do that. I believe that our proposed wall signage is in line with the ordinance in that it’s non-illuminated. So, yes it is for advertising purposes, but not – I think the ordinance for this zone was written in such a way to prevent illuminated wall signs on the property. These signs that we are proposing are just non- illuminated aluminum panels. They’re more for aesthetics or more directional in nature particularly the one that says showroom entrance. So, I understand the ordinance and I understand why it was written, but I think in this case this property is unique in that the sign that we are proposing is just to remain consistent with other ABC Supply sites in the area and it’s non-illuminated so it’s not meant to necessarily stop traffic going down Farmington Road. It’s just if that building were open and doesn’t have a sign on it and say when it gets dark in the wintertime if that pylon sign isn’t turned on because I am sure it is on a timer that probably has it come on maybe around seven or eight o’clock, if there is no signage on that building and if the lights are turned off, which I believe they close at 4:30 at that place, then it could look like that business is closed and that’s not City of Livonia Zoning Board of Appeals - 3 - October 22, 2013 the case. So, we’re just hoping to be able to put these non-illuminated wall signs on the property and I don’t think it would cause any grief with neighboring businesses or nearby residents – there aren’t really any nearby residents. That’s pretty much all I have to say and I’ll answer your questions if you have any. Henzi: Did you say that all Lee Supply Stores are becoming ABC Supply Company Stores? Deters: That I don’t know. We’re doing four of them here in the Detroit area. We did Port Huron, South Lyon. We’re going to do Macomb and we’re going to do Livonia. I don’t know if that is a national changeover or not. Henzi: Let’s stick with the ones in Michigan then. Deters: Okay. Henzi: I guess what I’m wondering is I mean while it was Lee’s it didn’t have a sign on the building. Deters: Right. Henzi: So, why does it need one now? Deters: Well, the other ABC sites that we’ve done locally here have that and I guess they’re just trying to remain consistent, but I understand. Henzi: Got it. That was my next question. So, the one that you’re proposing is that what all the other stores will look like? Deters: Right. Yes, so far we have done Port Huron and South Lyon and it’s been pretty much the exact same thing at all these sites. We have done face changes on the ground signs and then put up non-illuminated aluminum panel wall signs. Henzi: And then can you describe a little bit about the business and who will visit it? Deters: People that are looking to be sort of do-it-yourselfers at their house. People that, you know, need to get supplies for, you know, to fix up their home and their roof and things like that. Henzi: All right. So, it’s not just for contractors? Deters: Correct. Henzi: Any homeowner could go in? City of Livonia Zoning Board of Appeals - 4 - October 22, 2013 Deters: Yes, and contractors certainly can as well. Yes, that’s correct. Henzi: Got it. Okay. Thank you. Any other questions? McCue: Mr. Chair? Henzi: Mrs. McCue. McCue: Maybe I’m missing something, but this is saying that you’re proposing two signs. Am I looking at this diagram correctly in the fact that it shows – are we using the stripes along as the third sign on the color diagram. I just see a, b, and c. Henzi: Dennis, is it the showroom entrance as being counted? Fisher: Yes, the showroom entrance is the – forget about the stripes, the c, that’s not -- McCue: Okay. All right. So, it is just the two. Fisher: Right. McCue: Thank you. Henzi: So follow up, the red, white, and blue is that siding or is that the same material as the a, b, c? Deters: I believe that’s the same material as the a, b, c. And if the City has issue with that we could eliminate that. Henzi: It sounds like the city is not counting that as a sign it’s just a, b, c, and then supply company, inc. Those are the two signs. Deters: Right. Henzi: Okay. I’m sorry, showroom entrance on that. Deters: Right. I understand. Henzi: And I thought that you touched on this. You said showroom entrance was necessary because you said it’s directional; is that – can you explain what you mean? Deters: Basically, maybe directional isn’t the right term. You might have directional as something that, you know, brings you into an entrance into a gas City of Livonia Zoning Board of Appeals - 5 - October 22, 2013 station or a MacDonald’s. It’s just something a sign that’s not intended for really for advertising purposes. It’s just more for information. Henzi: But that tells somebody who is coming in to buy some materials come in the front door, don’t drive around to the back. Deters: Correct. Henzi: Got it. Anything else? Caramagno: Mr. Chair? Henzi: Mr. Caramagno. Caramagno: I think your sign looks good on the building. What I don’t know is, once you have this signage on the building this is going to be pretty well seen from Farmington Road, why do we need a 25, 30 ft. pylon sign there? Deters: Well, obviously that is their main identification and obviously, it was when it was just Lee Wholesale Supply. They certainly would prefer not to lose that. So, basically that’s why we are here. It is my understanding that, at least I believe, we would have the choice of either a wall sign or maintaining the pylon sign. Whereas these wall signs probably cost them about $500.00 to manufacture and install that pylon sign costs tens of thousands of dollars. I can’t speak directly for them, but if I were them I wouldn’t want to waste that investment or lose that investment. Caramagno: Okay. That pylon sign – you’re going to reface it or is the steel frame on that is it a greenish color; what is that? Deters: You know, I just drove past it about a half hour ago, but I obviously wasn’t up in the air. I don’t remember. One of our tech’s went and surveyed the site maybe a month or so ago to get those measurements for the faces, but it wasn’t me so I’m sorry I don’t know that. Caramagno: Is there plans to just face it or is there plans to refurbish – as I recall it didn’t look real sharp. It looked kind of like rusty and off colored. It looked like it could be cleaned up if you’re going to do a sign repair. Deters: At the other two sites that we’ve done thus far, on the pylon signs we’ve put in new faces and we’ve painted everything white the poles and the cabinet. So, the entire sign would be white. I’m assuming we would do the same thing here. City of Livonia Zoning Board of Appeals - 6 - October 22, 2013 Caramagno: Yeah, I would like to see something there I think that would make that sign a little more attractive, too. It’s old looking. In my mind, so is the building as it looks now – just freshen it up. Thank you. Deters: Thank you. Henzi: Any other questions? Hearing none, is there anyone in the audience that wants to speak for or against this project? If so, come on up to the podium. I see no one coming forward. Can you read the letter? Caramagno: This is an approval. Michael Struble [32940 Capitol] (letter was read). Henzi: Mr. Deters, anything you would like to say in closing? Deters: No, I’m all set unless you have any other questions for me. Thank you. Henzi: I don’t think so. Thank you. I will close the public portion of the case and begin the Board’s comments with Mr. Sills. Sills: I will be in complete support for this petition. I think we should encourage businesses to locate in Livonia and stay in Livonia and advertising is a very important part of business. There are a good many times that I will drive right by that building without knowing what it is without a sign there. So, I can approve the petition as it is. The petition is asking for two wall signs and it’s really not mentioning anything about the pole sign, but I agree with Mr. Caramagno about redressing the pole sign and I would approve the two wall signs on the building. Henzi: Mrs. McIntyre. McIntyre: I have absolutely no objections to the signs as they are presented. I think that it represents a freshening to the building. I think that the showroom entrance just makes it all so clear that it’s a retail. When you say showroom, you get a cue, right that it’s not just for contractors, it’s not just wholesalers, also retail business. The only condition that I would have is approval based upon refurbishing that sign that I agree too with Mr. Caramagno is right, it’s old and tired looking. So, as long as that is freshened and looks, you know, nice, an overall improvement, I have absolutely no problem approving your sign package. Henzi: Mr. Caramagno. Caramagno: I will also agree with the comments I heard tonight that everyone is making for some time and it is good to see a fresh business in there. This is going to be a good store here. Henzi: Mrs. McCue. City of Livonia Zoning Board of Appeals - 7 - October 22, 2013 McCue: I agree with what everyone else has said. It’s nice to have a fresh look on that building. It’s needed it for a while and obviously the showroom entrance sign to me is a necessity in order to direct anybody to come in. So, I will be in support. Henzi: I, too, will support. In terms of the number of wall signs, you know, the showroom entrance really isn’t a problem because I don’t know how visible that will be from the roadway to cars who are traveling up and down. Deters: Not much. Not when you are going 40 miles an hour. Henzi: Yeah, to me it’s more of a once you’re in the lot that is sort of your cue like Mrs. McIntyre said. My question was why do you need it if Lee Wholesale didn’t have one, but in defense of your client when I drove by it took me a second to figure out is this the pylon sign that matches with this building because there’s other businesses right there. And without anything on the building, I thought that it looked a little bit odd. I think that this won’t stand out in a bad way. The only other condition that I will add is I think that you’ve got a banner sign at the bottom. I think that that should be removed once you’ve refaced the panels. Deters: I saw that. We didn’t put that up. I don’t know who did. Henzi: That’s it other than that I think it looks really good. Deters: Okay. Henzi: So, the floor is open for a motion. Upon Motion by McIntyre, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2013-10-54: Detroit Metro Signs, 23544 Hoover Road, Warren, MI 48089, on behalf of ABC Supply Company, Inc. 11970 Farmington Road, Livonia, MI 48150 seeking to add two wall signs while maintaining a ground sign resulting in excess wall signs. Wall signs are not allowed with a ground sign in this Zoning District. Number of Wall Signs Allowed: Zero Proposed: Two Excess: Two The property is located on the east side of Farmington (11970) between Farmington and Mayfield be granted for the following reasons and findings of fact: City of Livonia Zoning Board of Appeals - 8 - October 22, 2013 1. The uniqueness requirement is met because it is not clear that the pylon sign goes with that building. 2. Denial of the variance would have severe consequences for the petitioner because not everybody is familiar with this business under this new name and it clarifies and gives awareness to this business. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because there is absolutely no hardship to any of the businesses or no adverse consequences and is not a residential area. 4. The Board received one letter of approval and no letters of objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because this property is classified “Industrial” under 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 pylon sign in addition to being refaced also be repainted and cleaned up to give a new and neat appearance befitting to this new business. 2. That the banner be removed at the time of the refacing. 3. That the variance is good for 90 days. ROLL CALL VOTE: AYES: McIntyre, Sills, McCue, Caramagno, Henzi N AYS: None ABSENT: Duggan, Pastor Henzi: The variance is granted with those three conditions. I will go through them one more time. You have got to repaint and refurbish the pylon sign. It’s good for 90 days to be completed and then remove the banner on the pylon sign when you do the refacing. Deters: Thank you. Henzi: Good luck. City of Livonia Zoning Board of Appeals - 9 - October 22, 2013 (2/724) APPEAL CASE NO. 2013-10-55: Heileman Signs, 4797 Gratiot St. Clair, MI 48079 on behalf of Thayer Hyundai, 34715 Plymouth, Livonia, MI 48150 seeking to erect a two additional wall signs with one wall sign existing resulting in excess number of wall signs. Number of Wall Signs Allowed: One Proposed: Three Excess: Two The property is located on the south side of Plymouth (34715), between Laurel and Wayne. Henzi: Mr. DeMeyer, anything to add? DeMeyer: Not at this time, Mr. Chair. Henzi: Any questions for Dennis? Hearing none, good evening. Tell us your names and addresses, please. Thayer: My name is Adam Thayer with Ralph Thayer Automotive. I’m the General Manager and owner of Ralph Thayer Hyundai. The address is 34715 Plymouth Road. Heileman: I’m Dan Heileman, 4797 Gratiot, St. Clair, Michigan 48079. Henzi: Go ahead, guys, tell us about the sign that you are proposing. Thayer: We purchased a vacant building on the corner of Plymouth and Laurel. We’ve probably over the last eight months have kind of refurbished it and we’ve moved our Hyundai facility over there so, it now contains all of our Hyundai sales, service and parts. Overall, there is three signs on the building. One is already up. It’s a service sign that’s over on the side of Laurel kind of directs customers into service. On the front of the building we’d like to have, which is the purpose of the variance request is to have both a sign that designates it as a Hyundai building on the northwest corner and then on the other side of the building it would kind of designate it as being Ralph Thayer Automotive. So, that’s kind of the reason why we’re here. Henzi: Is the service sign that’s already up can it be illuminated? Thayer: I believe it is going to be illuminated. Henzi: Is there a time limit for that like is it on photocell or something? City of Livonia Zoning Board of Appeals - 10 - October 22, 2013 Thayer: It’s not wired yet so it can be done any way you’d like to do it. It definitely does not have to be illuminated after hours. Henzi: I think that’s the only other question I had. So, what about the Hyundai sign that exists to the building to the west? Thayer: That will be coming down. It will probably be replaced with – we’re not sure what it will be replaced with, but that’s our used car building so that would probably have a sign that would indicate that it was Ralph Thayer Used Cars or it might have our company logo or something along those lines. Henzi: Okay. Thayer: But that Hyundai sign will come down. Henzi: The only other question I had just was curiosity I can’t remember what was this building before you took it over? Thayer: It was New Car Alternatives for a period of time and then it was also a Mitsubishi dealership and I think the Mitsubishi has moved down the road. Henzi: Okay. Thanks. It looks nice. Mrs. McIntyre. McIntyre: Can you remind me that’s the standard signage for Hyundai dealers; right? There’s the Hyundai sign and then the name of the dealership is separate right, they’re not incorporated into one sign? Thayer: Correct. Actually most dealerships are that way. The Mazda dealerships are that way, the VW dealerships are that way. I think Bill Brown is that way. I didn’t go all the way up and down, but most dealerships have a brand sign and then a dealership sign. McIntyre: Thank you. Thayer: Thank you. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Do these signs have any corner effect to them? They both face Plymouth Road directly. Is there anything either on east or west side of these signs or is it just -- City of Livonia Zoning Board of Appeals - 11 - October 22, 2013 Thayer: No, they both face forward or north. Caramagno: Do they curve around the corner? Thayer: No. Caramagno: They’re just boxed on the front. Thayer: The only thing that basically does not face north is the service sign that faces east. Caramagno: Yeah, I’ve seen that. Okay. Thank you. Henzi: Anything else? Hearing none, is there anyone in the audience who wants to speak for or against this project? If so, come on up. I see no one coming forward. Can you read the letter? Caramagno: Sunday (& Jim) Dupuie, [11196 Laurel St.] (letter was read). Henzi: Gentlemen, anything you would like to say in closing? By the way, the people that wrote this letter – I don’t know if they’re the first house on Laurel, but they live on Laurel. Thayer: Yes. Henzi: Yeah, the service sign – I’m trying to picture. I’m not even sure if it will -- Caramagno: 11196. Henzi: -- shine into their yard or not. Caramagno: They probably will get an eye shot of it. They’re right here the sign is here. Henzi: Oh, they’re across the street. Thayer: I see. I’d prefer the service sign to be illuminated during hours. We don’t have any problem making sure that it’s not illuminated off hours. We try to get along with our neighbors the best we can so, anything we can do to help them out. But if we’re not – certain times of the year it gets pretty dark and if you don’t have something that’s lit up during hours, it can be kind of difficult for customers to figure out where they’re supposed to go. Henzi: Like what’s the latest you’re open for service? Thayer: Monday, Thursday service closes at 8:00 p.m. City of Livonia Zoning Board of Appeals - 12 - October 22, 2013 Henzi: So, would you have a problem if the light comes off at 8:30 or something like that? Thayer: Yeah, 9:00 o’clock would be consistent with our sales hours. That would be very convenient for us because when sales leaves they can shut everything off. Henzi: Okay. Anything else you would like to say in closing? Thayer: No. Henzi: Okay. Anything else? Hearing none I will close the public portion of the case and begin the Board’s comments with Mrs. McIntyre. McIntyre: I don’t have any objections to your sign package. I think it is very consistent with what we do with dealerships in Livonia. It’s always great to see a new business going into a vacant spot. I appreciate your consideration for your neighbors and wanting to make sure that they’re not inconvenienced. It’s possible that when we looked at the map that they might be able get – I think you used the term eye shot of the sign, but it certainly doesn’t seem given the angle that it would be shinning into their house or disruptive to them in their home or even out in their porch maybe. So, I don’t have any problems bringing it as long as the signs come off at 9:00 o’clock. If you could put them on a photocell or timer so it’s not incumbent upon somebody in the dealership remembering to turn them off because if they don’t get turned off and then we get a phone call. You said that they were supposed to be off by nine and then it’s midnight. Thank you. Henzi: Mr. Caramagno. Caramagno: I think it’s an attractive sign package. It’s similar to your other building there and I echo the sign with the time to shut off. I feel it’s a fairly minor complaint as opposed to a vacant building. It’s another nice clean up here in the city. Henzi: Ms. McCue. McCue: I agree with what everybody has said. It looks nice. It’s consistent with what has gone on up and down the corridor with any of the dealerships. I know that the PRDA also reviewed this. The Executive Committee gave their nod to that as well. Again with the consistency of the corridor so, I will be in support. Henzi: Mr. Sills. Sills: I think your petition is reasonable. I agree with all the comments made by my colleagues and I will be in full support. City of Livonia Zoning Board of Appeals - 13 - October 22, 2013 Henzi: So will I. I know you have been before the Board with attractive sign packages. When I visited the site, they still look attractive. I think having a service sign is necessary. I like the comments and the discussion we’ve had about the photocell and I also think that if we didn’t allow the reasonable signs you’re proposing, we’d be putting you at a disadvantage because as you travel up and down Plymouth Road every other dealer has got signs similar to what you’ve got. And you took a building that didn’t look the best you made it look nice so, thanks for doing that I’m all for it. So, the floor is open for a motion. Upon Motion by Caramagno, supported by McIntyre, it was: RESOLVED, APPEAL CASE NO. 2013-10-55: Heileman Signs, 4797 Gratiot, St. Clair, MI 48079 on behalf of Thayer Hyundai, 34715 Plymouth, Livonia, MI 48150 seeking to erect a two additional wall signs with one wall sign existing resulting in excess number of wall signs. Number of Wall Signs Allowed: One Proposed: Three Excess: Two The property is located on the south side of Plymouth (34715), between Laurel and Wayne be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because all the other automobile dealerships have both brand identity and dealership identity. 2. Denial of the variance would have severe consequences for the petitioner because he would not be able to advertise both his brand and his dealership name. 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 dealerships and similar businesses that have signage that represents themselves well. 4. The Board received one letter of approval and no letters of objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because this property is classified “General Commercial” under the Master Plan, and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: City of Livonia Zoning Board of Appeals - 14 - October 22, 2013 1. That the signs be built and applied as presented to the Board tonight. 2. That the service sign above the door be turned off at 9:00 p.m. in the evening after the business is closed so not to interfere with the neighboring homes on Laurel. ROLL CALL VOTE: AYES: Caramagno, McIntyre, McCue, Sills, Henzi NAYS: None ABSENT: Duggan, Pastor Henzi: The variance is granted. You’ve got to build the signs as presented and as described tonight. Then the service sign comes off at 9:00 p.m. Thayer: Perfect. Thank you for your consideration. Heileman: Thank you. There being no further business to come before the Board, the meeting adjourned at 7:30 p.m. ____________________________ SAM CARAMAGNO, Secretary _____________________________ MATTHEW HENZI, Chairman /hm