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HomeMy WebLinkAbout08-09-11City of Livonia, Zoning Board of Appeals Page 1 of 22 August 9, 2011 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A REGULAR MEETING HELD AUGUST 9, 2011 A Regular Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Auditorium of the Livonia City Hall on Tuesday August 9, 2011. MEMBERS PRESENT: Matt Henzi, Chairman Toni Aloe Ed Duggan Betsy McCue Craig Pastor MEMBERS ABSENT: Sam Caramagno Robert Sills OTHERS PRESENT: Barbara J. Scherr, Assistant City Attorney Dennis DeMeyer, City Inspector Helen Mininni, Court Reporter The meeting was called to order at 7:05 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 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 9 persons present in the audience. ______________________________________________________________________ (7:07 #1/32) APPEAL CASE NO. 2011-06-32 (Tabled on June 28, 2011): Douglas Pipp, 18906 Filmore, Livonia, MI 48152, seeking to construct an addition to a detached garage resulting in excess garage area. City of Livonia, Zoning Board of Appeals Page 2 of 22 August 9, 2011 Detached Garage Area Allowed: 660 sq. ft. Proposed: 864 sq. ft. Excess: 204 sq. ft The property is located on the east side of Filmore (18906) between Seven Mile Road and Clarita. Henzi: Is there a motion to remove from the table? Pastor: Mr. Chair, I will make a motion to remove from the table. Aloe: Support. Henzi: All in favor say, ayes. Board: Ayes. Henzi: Opposed. This is removed. Mr. DeMeyer, anything to add to this case? DeMeyer: The Department has nothing to add at this time. Henzi: Any questions for the Inspection Department? Aloe: Mr. Chair. Henzi: Mrs. Aloe: Aloe: Has anything changed on this Petition from the last time that it came before us? DeMeyer: I think it was tabled from – when was it, the 28th? And it looks like he has changed his drawing on his addition on where it was requested or where it was stated in the minutes. He has come out to the south instead of to the west where as he originally proposed and he is going to put in a hard surface driveway. Aloe: He has come out to the south. DeMeyer: Do you have the current drawing? Aloe: This one? DeMeyer: Yes, that’s it. Originally, he was coming out this way. I think you have the old drawing there, too, don’t you? Aloe: Yes, you’re right because he was close to the house. DeMeyer: Yes. City of Livonia, Zoning Board of Appeals Page 3 of 22 August 9, 2011 Aloe: Okay. Thank you. Yes, I remember that now. Henzi: Anything else? Good evening, can you introduce yourselves, please. Petitioner: Douglas Pipp. I live at 18906 Filmore, and like the gentleman said, we had it scheduled for the east side of the drive between the house and the Board said that would be too close to the house and recommended it maybe possibly move it to the front which would be the south side, the Clarita side and add a drive out to the road on Clarita. And I got my contractor, we agreed on that and that’s where we stand as of now. Henzi: Anything different with the building materials? Petitioner: No, everything is the same. The roof is going to be completely re-roofed, the whole garage to match the house with the new addition. Henzi: Can you salvage the door? Petitioner: Yeah, the door is almost brand new. Henzi: Okay, any questions for the Petitioner? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: I was the one who suggested you go in this direction but I’m still a little bit uncomfortable. Remind me why you need this much garage space? Petitioner: Yes, because I plan on putting the car in the garage and like I said, I got a generator, a rototiller, a riding lawnmower, and it takes up that one side of the garage. If I can, I can put that over to the far side of the garage I can still pull a car in that garage. I got a refrigerator in there and stuff and all our Christmas stuff is stored in there which is quite a bit. Pastor: Thank you. Henzi: Mr. Pipp, do you have a wood-burning stove? Petitioner: Yes. Henzi: Do you heat the house? Petitioner: House, yes, a lot of wood. Henzi: Okay, any other questions? Pastor: Mr. Chair. City of Livonia, Zoning Board of Appeals Page 4 of 22 August 9, 2011 Henzi: Mr. Pastor. Pastor: All that wood that is stacked outside are you going to put that in the garage, too? Petitioner: No, no, I’ll burn it. It’s probably about 11 cords so that one side that will be gone. Then I do keep like a cord, a couple cords in there to keep it dry ahead of time. Pastor: You keep it in the garage, a couple cords, is that what you’re saying? Petitioner: Yeah, a cord or so. So, it’s always dry in case of bad rain or something I’ll always get it. Pastor: Okay, thank you. Henzi: Well, you’ll have to move that one storage area of wood that’s along Clarita to along side the garage, won’t you after you put in the driveway? Petitioner: No. Henzi: No? Petitioner: No, no. Henzi: Do you have wood stacked on the Clarita side? Petitioner: Yes. Henzi: But it’s to the – Petitioner: It’s both sides, it would be west of the gate, yeah. Henzi: West of the gate. Petitioner: West of the gate. Yeah, the drive is going to start out at 24 feet and then come out and taper to the gate and back out to 16 feet at Clarita. Henzi: I see. Okay, I got it. Any other questions? Is there anyone in the audience who wants to speak for or against this project? If so, come on up to the table. I see no one coming forward. Can you read the letters? Aloe: We have a letter of approval from Stacie Donley at [18911 Farmington Road]. We have a letter of approval from Amy Jackson [18973 Filmore] (letter read). Henzi: Mr. Pipp, is there anything else you would like to say? Petitioner: Not at this time, no. City of Livonia, Zoning Board of Appeals Page 5 of 22 August 9, 2011 Henzi: Okay. We will close the public portion of the case and begin the Board’s comments with Mr. Pastor. Pastor: Well, I was the one who suggested he go in the direction he went in this time, but I’m still a little uncomfortable with the size of this garage compared with the size of the house and the lot. I mean, it’s not a very big lot and I’m just not real comfortable with this so I’m not sure what I’m going to do with this. Henzi: Mr. Duggan. Duggan: I think it looks great. Going to the south was a good move especially since you’ve got that corner lot there. I think it looks great. Henzi: Mrs. McCue. McCue: I don’t have any serious concerns about this. I think that it makes sense the changes that you’ve made. Henzi: Mrs. Aloe. Aloe: I would agree. I think the Petitioner listened to the Board members and I’m very happy that it’s going to the south and not extending towards the house. So, I will be in support. Henzi: I, too, will support it. I think the excess is relatively insignificant and I think that it is a good trade off since there is going to be a lot of things stored inside instead of outside which will make this look better. So, the floor is open for a motion. Upon Motion by Aloe, supported by Duggan, it was: RESOLVED, APPEAL CASE NO. 2011-06-32: Douglas Pipp, 18906 Filmore, Livonia, MI 48152, seeking to construct an addition to a detached garage resulting in excess garage area. Detached Garage Area Allowed: 660 sq. ft. Proposed: 864 sq. ft. Excess: 204 sq. ft. The property is located on the east side of Filmore (18906) between Seven Mile Road and Clarita, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the Petitioner desires to have a larger garage in order to store his vehicles, generator, lawnmower equipment in addition to the large amount of wood he uses in his wood burning stove to heat his home. City of Livonia, Zoning Board of Appeals Page 6 of 22 August 9, 2011 2. Denial of the variance would have severe consequences for the Petitioner because he needs a larger garage to achieve storage space for all his items. 3. The variance is fair in light of its effect on the neighboring properties and in the spirit of the Zoning Ordinance because the Petitioner does have neighbor support and this will enhance his property. 4. The Board received two letters 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 the property is classified “Low- density Residential” under the Master Plan, and the proposed variance is not inconsistent with that classification. FURTHER, that the variance be granted with the following conditions. 1. That the garage be constructed according to the plans as presented to the Board including the size, the materials and that it has a hard surface and a concrete driveway. 2. That no other outbuildings can be erected on the property. 3. That the variance is good for one (1) year. ROLL CALL VOTE: AYES: Aloe, Duggan, McCue, Pastor, Henzi NAYS: None Henzi: The variance is granted with those conditions. I will read them one more time for you. You have to build this garage just like the plans so tonight with the hard surface as you have configured it. It’s good for one year which means you’ve got one year within which to complete construction. It doesn’t mean that it expires after one year. And then you can’t have other out buildings like a shed or accessory building in the backyard. Petitioner: Okay. Henzi: Good luck to you. Petitioner: Thank you. City of Livonia, Zoning Board of Appeals Page 7 of 22 August 9, 2011 ______________________________________________________________________________ (7:17 #1/356) CASE NO. 2011-07-37 (Tabled on July 12, 2011): Gary and Beth Newton, 38717 Stacey Court, Livonia, MI 48154, seeking to erect a 6-ft. tall privacy fence within the side yard, which is not allowed. The property is located on the north side of Stacey Court (38717) between Quakertown Lane and the cul-de-sac. Henzi: Is there a motion to remove from the table? Duggan: Mr. Chair, I make the motion. Henzi: Support? Aloe: Support. Henzi: All in favor say ayes. Board: Ayes. Henzi: Opposed? This is removed. Mr. DeMeyer, anything to add? DeMeyer: The Department has nothing to add at this time. Henzi: Any questions for Mr. DeMeyer? I just had one. It appears that they did obtain the authorization from the rear neighbor. DeMeyer: The rear neighbor, yes. Henzi: And this is our form, this is acceptable; isn’t it? DeMeyer: Yes. Henzi: Okay; any other questions? Aloe: So, Mr. Chair, then they have all of the approvals from their adjoining neighbors that are needed; right? Henzi: Right. Aloe: No one – they got all three sides? Henzi: Right. Aloe: Okay, thank you. City of Livonia, Zoning Board of Appeals Page 8 of 22 August 9, 2011 Henzi: Any other questions? Okay. Good evening. Petitioner: Good evening, again. Henzi: Can tell us your name and address, please? Petitioner: Gary Newton and Beth Newton, 38717 Stacey Court. Henzi: You were here once before and we discussed this at length. Why don’t you tell us what has happened since the last meeting? Petitioner: Well, since the last meeting in which I was asked to additionally compromise with my neighbor. We have come to an agreement along the back portion which I would make an $1,100.00 amendment to my fence. He compromised to pay nothing I compromised to pay all of it. So, there will be a lattice across the top of the back fence for my neighbor to enjoy the southern exposure of his yard as he recalled it. That form is signed. For comment, the on-line form does have the word food instead of good for the side of the fence. I’d like to point that out just so that somebody can get that corrected obviously attention to detail is important in these cases. We have overwhelming support from all of our neighbors for this project. We’ve had 10 letters of support from the previous meeting, four letters of approval from our neighbors and I think the side yard variance quite frankly should be a pretty straight-forward case. There is an economic difficulty if we were to go to the side of the house -- our air conditioner, the electrical, everything is run right there. We do have a concrete slab, a small one on the side of the house and if we were to run the fence to that point, we would have to endure the cost to relocate all of those items and then additional cost to put in the infrastructure to be able to house them at their re-located point. So, I hope that the Board can see through – see itself to clear to approve this motion for us. Henzi: I just had one question. These photographs that show the side of your home, you took these to show us where – how far you’re going to come up towards the front of the house? Petitioner: Yes, sir. Actually it is right in front of the side fence which is not all the way to the front of the house. I want to make that very clear. Mrs. Newton: It goes up to the housing portion of the house. It stops right at the side door which goes into our laundry room which the garage opens into. So, we are not beyond the garage. Petitioner: Yeah. Henzi: And then you have a gate right there? Petitioner: There will be an eight foot gate right there, sir, yes. Henzi: Okay. City of Livonia, Zoning Board of Appeals Page 9 of 22 August 9, 2011 Petitioner: And installed in accordance with the rules and regulations for pools which will be self closing, which will be alarmed, which will have all the other bells and whistles. Henzi: Okay, any questions for the Petitioners? Duggan: Mr. Chair. Henzi: Mr. Duggan. Duggan: So you’re going the six foot like you planned on the sides and then you’re doing the lattice on the back? Petitioner: Yes, we have full approval for the side fence. Part of the issue for the side fence, sir, was the noise abatement as well. Duggan: Right. Petitioner: Which we did provide an environmental noise study. Duggan: Right. Petitioner: So, we were allowed to keep it on the side along the back though we are putting the lattice as they requested. Duggan: Right, okay. Thanks. Petitioner: Thank you. Henzi: Any other questions? 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. Can you read the letters? Aloe: Yes, we have an approval letter from James and Linda Ayres [16741 Quakertown Lane] (letter read). A letter of approval from Patricia Croteau [16692 Quakertown Lane] (letter read). Letter of approval from Agnes Lookadoo [16715 Quakertown Lane](letter read). Letter of approval from Marc Perino [16628 Quakertown Lane](letter read). Henzi: Mr. and Mrs. Newton, is there anything you would like to say in conclusion? Petitioner: If my math is correct, sir, I think that makes 15 total letters of approval for our project. I think – I hope the Board can see its way clear, allow us to put the stress of this long term project behind us and get on to finishing and enjoying our pool for the little bit of summer we have left. Henzi: Thank you, I will close the public portion of the case and begin the Board’s comments with Mr. Duggan. City of Livonia, Zoning Board of Appeals Page 10 of 22 August 9, 2011 Duggan: Yes, good job on dealing with your neighbor. I will be in support of it. Henzi: Mrs. McCue. McCue: I agree. I think you went over and above what you probably thought you were going to have to do when you started out on this, but ultimately it’s all well when your neighbors are happy. So, good call. I will support it. Henzi: Mrs. Aloe. Aloe: I will also be in support. I think the Petitioner has gone to great lengths to obtain the approval of his backyard neighbor and I will be in support. Henzi: Mr. Pastor. Pastor: I think I will be in support of this. I wasn’t here for the first meeting and all the shenanigans that were going down, but it sounds like there was quite a bit of it. I think I can support this. Henzi: I, too, will the support the Petition and the floor is open for a motion. Upon Motion by Duggan, supported by Pastor, it was: RESOLVED, APPEAL CASE NO. 2011-07-37: Gary and Beth Newton, 38717 Stacey Court, Livonia, MI 48154, seeking to erect a 6-ft. tall privacy fence within the side yard, which is not allowed. The property is located on the north side of Stacey Court (38717) between Quakertown Lane and the cul-de-sac, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the Petitioner has a safety issue with the number of children living in the area. 2. Denial of the variance would have severe consequences for the Petitioner because of the safety with the number of children living in the area. 3. The variance is fair in light of its effect on the neighboring properties and in the spirit of the Zoning Ordinance because there has been overwhelming support from neighbors. 4. The Board received three letters 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 the property is classified “Low-density Residential” under the Master Plan, and the proposed variance is not inconsistent with that classification. City of Livonia, Zoning Board of Appeals Page 11 of 22 August 9, 2011 FURTHER, that the variance be granted with the following conditions. 1. That the fence be built as presented to the Board. 2. That the construction be completed within three (3) months. ROLL CALL VOTE: AYES: Duggan, Pastor, Aloe, McCue, Henzi NAYS: None Henzi: The variance is granted with those two conditions. Petitioner: And those two conditions again were? Henzi: You’ve got to construct the fence in the manner and position that you have presented to the Board tonight. And then you’ve got to complete it within three months. Petitioner: It will be done tomorrow. Henzi: Good luck. Petitioner: Appreciate it. They’re sitting waiting. City of Livonia, Zoning Board of Appeals Page 12 of 22 August 9, 2011 ______________________________________________________________________ (7:26 #1/661) APPEAL CASE NO. 2011-08-39: Italian American Club, 39200 Five Mile Road, Livonia, MI 48154, seeking to erect a ground sign resulting in deficient ground sign setback. Ground Sign Setback Required: 10 ft. Proposed: 1 ft. Deficient: 9 ft. The property is located on the north side of Five Mile Road (39200) between Knolson and the I-275 Expressway. Henzi: Mr. DeMeyer, anything new on this case? DeMeyer: No, the Department has nothing to add at this time. Henzi: Any questions for the Inspection Department? Okay, good evening. Petitioner: Good evening. I’m Mary Galasso, President of Italian American Club, Livonia and we are glad to be here this evening. We just want the signage so as to have exposure in the community. We find time and time again people get lost coming to our place and it’s not good to have people frustrated. Henzi: Yes, this one seems pretty straightforward the reasons that you have. Could you just tell me if you could give me a landmark where the new sign would be because when I drove by I can’t quite tell from the drawing? Petitioner: I believe we submitted pictures of it, but she has some current – this is LeAnn Decker from Vital Signs. Henzi: Oh, right by the -- Petitioner: The pole. Henzi: Yes, and which are a few feet away from the address. Decker: And that’s actually where the sign will be where the green stakes are. Henzi: Okay. Petitioner: The electrical pole would be obstructed to the sign and we had to go back further and the cost incurred in moving that pole would be astronomical. It was $10,000.00 back years ago and we need frontage and I think LeAnn can explain because she knows more about your rules here. City of Livonia, Zoning Board of Appeals Page 13 of 22 August 9, 2011 Henzi: Go ahead. Decker: LeAnn Decker with Vital Signs. I guess you need my address 37037 Schoolcraft. The property line on this property actually signs at approximately 43 ft. back from the road. There’s a drainage ditch in between. So where we would put the sign if we put it 10 ft. back from there, there’s a telephone pole that would sit right in the way and it would block visibility of the sign. And actually where we’re proposing to put the sign, it is in line with the neighboring church because of how their property line sits. Henzi: Can you tell us about that illumination, the hours that it will be illuminated? Petitioner: I think from dark time until, you know, when people are not going by there any more. Decker: Right and it is actually on a timer. Petitioner: We can have a timer there, yes. Henzi: A photo cell? Decker: Yes. Petitioner: And that electric is already there because we have a spotlight. Our address was another thing that was a problem so we put up that silly looking sign that’s been there for years and we would like to make that look better. Henzi: What will you do with the address marker and then the existing stone sign? Petitioner: Deface it. We are going to remove the lettering and everything there and just have it be decorative. Decker: The address sign will go away. Henzi: Okay. Petitioner: I mean it won’t go away. It’s going to be there the one that sits way back, right? Decker: The stone sign. Petitioner: Yeah, we’re not going to knock it down. Decker: Right, no, no, no. Petitioner: The address sign will go away, hopefully. Henzi: Any questions? Is there anyone in the audience who wants to speak for or against this project? If so, come on up to the table. City of Livonia, Zoning Board of Appeals Page 14 of 22 August 9, 2011 Casper: My name is Dick Casper. I’m the President of the Congregation Holy Trinity Lutheran Church which is the neighbor to the Italian American Club. My question – we’ve been trying to get some information on this project. Tom Nochell (Ph.) apparently has contacted – Petitioner: Who? Casper: I thought it was one of your members. We have some concerns about it. There are some photographs that we haven’t seen. We were really concerned about the fact that it was going to be detrimental to the area if there’s a large sign, illuminated sign and it’s close to the road next to the property. So, you have some photographs that show some details, I guess I would appreciate if I could see that. Petitioner: I guess they’re being passed around right now. Henzi: You can come look at one of our packets to see what the sign is going to look like. Casper: Now, what’s this showing? Petitioner: LeAnn. Decker: That is actually showing where the sign is going. Casper: Where is it going? Decker: Where the stakes are, the green stakes are. Petitioner: Here’s our address sign right now. Casper: Okay. Petitioner: Which is in conformity with your sign and it’s no larger than your sign. Casper: And your variance is to the road here? Decker: No, no, no, because this is your property line here, where the asterisks are. The sign will actually start here. If we put it 10 ft. back – it’s actually quite far off the curb. Casper: Show me on this plan it might be easier to see. Decker: So, it’s going to be – does it show the telephone pole in there? Casper: From this photograph, I don’t know. Decker: So, this is the boulevard here and this is the property line and you can see how far back it runs from the road. Yours is quite a bit closer than hers is. City of Livonia, Zoning Board of Appeals Page 15 of 22 August 9, 2011 Casper: Closer to what? Decker: Closer to the road because of the angle of the property. Casper: Show me because I don’t see that. Decker: This is actually the property -- Casper: This is the sign right there. Decker: Right and hers actually will line up right with that, right there, and it’s probably about 10 ft. off of the curb. Henzi: Here are the two properties. That’s the proposed sign. Casper: There we go. And your variance, again, is to this property line; correct? Decker: Well -- Henzi: It’s got to be 10 ft. removed from the property line. Decker: Ten foot back from the property line which puts it in line with the telephone pole that’s there. Henzi: Let me show you this to get your bearings and then you can tell us if you like it or don’t like it. Casper: It’s going to be lit when? Petitioner: From dusk until people are in bed, I guess, 12 o’clock, 1 o’clock in conformance with the agreement we have with you about maintaining the boulevard. Casper: In terms of lighting? Petitioner: The hours. Casper: Okay. Petitioner: I mean, it’s only for identification purposes. Casper: I’m still a little concerned – your property line, you’re going to be going from 10 ft. to 1 ft. Decker: But the property line actually sits 43 ft. back from the curb, from the road. Petitioner: Because of the angle of the road. Decker: Your sign is probably 11 ft. back from your sidewalk because – City of Livonia, Zoning Board of Appeals Page 16 of 22 August 9, 2011 Henzi: Mr. Casper, why don’t you tell us your concerns and then the Inspection Department and the legal can respond to them because it is very difficult to have a record with the two of you having a conversation. Casper: Well, and I totally agree and that was our concern we didn’t get information – Petitioner: I wish that someone had contacted me. Tom Nochell has a very good relationship with me. Casper: And you didn’t hear from him? Petitioner: No, not at all. I mean, I heard from you when you needed your variance for the buildings you did. Casper: Well, again, Tom said he had tried to get a hold of someone and he had not been able to. Petitioner: I understand, but I am very active at the banquet center. Casper: So, that’s why I volunteered to come. Petitioner: And what is your name, again, sir? Casper: Dick Casper like the ghost. Petitioner: Mary Galasso. Casper: Good to meet you. Petitioner: You, too. Casper: Our concern is just that if it’s one foot from the property line that would make it very close and we think a variance of nine feet is probably not in the best interest of the neighbors. As I said, you have asked for one foot back is there something that could be done to mitigate that? Henzi: Okay, anything else you don’t like or do like? Casper: That was our -- Petitioner: We would just like road identity that’s all. We don’t have any right now at all. You have three signs on your property. Casper: If you are looking at where our sign was relative to where I thought this one was going to be and it apparently -- Petitioner: Its back because of the angle of our – City of Livonia, Zoning Board of Appeals Page 17 of 22 August 9, 2011 Henzi: Mrs. Galasso, I will give you the final word. Petitioner: Thank you. Casper: Okay, all right. Henzi: Anything else, Mr. Casper? Casper: That’s it. Fine, thank you. Henzi: Any questions for the speaker? Aloe: Mr. Chair. Henzi: Mrs. Aloe. Aloe: I’m confused. The location of this sign if they were granted a variance, how would that affect your property? Casper: Only that they would have a lit sign right, very close to our property line. That’s the only concern. Aloe: What negative impact would that have on your property I guess that’s what I -- Casper: A commercial sign that is adjacent to the church property. That’s our only concern. Aloe: Okay, thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: I’d like to elaborate a little more on that. They’re on the other side of the road. Your property – you share the same drive, right? Casper: Correct. Pastor: And they’re on their side of the drive. Casper: Right. Pastor: And you have a concern about them being on their side of the drive? Casper: No, no. It’s just that there was the fact that, you know, under the Ordinance there’s a requirement to be 10 feet back. As I understood this, their request was to go from 10 feet back to one foot and our question is is that – could that be mitigated to City of Livonia, Zoning Board of Appeals Page 18 of 22 August 9, 2011 some – for example five foot. We thought basically taking the setback almost to zero, 90 percent of the requirement might be an excessive amount. Pastor: But they said that this sign would be pretty much in line with your signage. Casper: I’m not seeing that. I don’t understand how that could be. Decker: May I just answer something quickly? Pastor: Certainly. Decker: We’re not actually going – we’re not trying to decrease the setback from the property line, your property line. Casper: But from the road. Decker: But from Five Mile. Casper: Right. Decker: So, it’s not going to be any closer to your property line than it would have been. Casper: Okay. Decker: We’re not trying to go closer to the drive. Casper: And you’re saying that this is in fact in align with the church’s sign? Decker: Right. Henzi: Why don’t you elaborate on the reason why you can’t – why you don’t want to put it 10 feet away from the setback. Decker: Well, her property line from Five Mile runs at an angle. So, this is Five Mile here and it runs at this angle Casper: The property line runs at an angle. Decker: Correct and it gets further out so where we would put the sign which is – it’s about 10 ft. from the curb that is adjacent to -- Petitioner: To our side of the boulevard. Decker: Right, to her side of the boulevard is 10 ft. but this is 43 ft. back to where her property line starts. Casper: Okay. City of Livonia, Zoning Board of Appeals Page 19 of 22 August 9, 2011 Decker: So, it’s quite far back as you can see in the pictures. Casper: Okay, so it is set back this way and this way? Or is this property line not an issue because of the fact that the boulevard is there? Decker: I think that property line is right in the center of the boulevard. Casper: Okay, so that’s not an issue and I was just wondering since its corner you actually – Decker: No, it’s actually going to be on her side of the curb – 10 ft. from that. Casper: Okay. Mrs. Decker: We’re just asking that it’s closer to Five Mile. Casper: And the sign is basically 10 ft. tall? Petitioner: It’s in conformance of yours. Casper: I’m okay. Thank you. Henzi: Okay. Any other questions? Are there any letters on this one? Aloe: No, there is not. Henzi: Is there anything you would like to say in closing Mrs. Galasso? Petitioner: Just that I hope this can be achieved because we really feel that our identity is not there. We don’t have visibility from the road. Henzi: Thank you. I will close the public portion of the case and begin the Board’s comments with Mrs. McCue. McCue: I agree it’s fair your property line is significantly back which starts the first challenge, but I do agree that you need more visibility. No one knows where the building is. It is a little bit of an issue. So, I would support. Henzi: Mr. Aloe. Aloe: I will also be in support. I think there is a uniqueness with this property due to the angle of Five Mile and where the property sits in that angle and it does take away all visibility. So, I will be in support. Henzi: Mr. Pastor. Pastor: I also will be in support. This is an unusual situation that corner’s not part of the regular roadway so it’s pushed and it’s very hard to see their sign. I always have to City of Livonia, Zoning Board of Appeals Page 20 of 22 August 9, 2011 think about where they’re at when I’m going to the club and I don’t go there very often. So, I will be in support. Henzi: Mr. Duggan. Duggan: I will support. You have a unique property. I can’t imagine how many people get lost every time you have a banquet there. So, yes, I will be in support. Henzi: I agree. It is a uniquely shaped lot. The building doesn’t have wall signage used to attract in my opinion. It has a sign that’s useless in my opinion to attract those folks. Petitioner: It’s beautiful, right? Henzi: And I think it’s only fair. It is beautiful, but it is the kind of place where you have to know where you’re going or you have to tell people to turn right before – or turn left before you get to Holy Trinity. Petitioner: How this all began was we had a business consultant come in because we are floundering right now and we’re trying to stay good neighbors, good people of the community and it’s been some difficult times here. And we always hear that we are not identifiable and this consultant came in and he was lost the night he came. He came from Rochester and he drove up and down Five Mile looking for us and, you know, I think that is what set it in our minds we’ve got to do something. And we hear repeatedly people being very late for functions because they can’t find us. And our people are busy on the floor they’re not answering the telephone. So, here these people are driving up and down looking for us. Henzi: Right, and I think that that’s fair for the kind of business where a lot of visitors are first-time visitors. So, I will approve it. The floor is open for a motion. Upon Motion by Pastor, supported by Aloe, it was: RESOLVED, APPEAL CASE NO. 2011-08-39: Italian American Club, 39200 Five Mile Road, Livonia, MI 48154, seeking to erect a ground sign resulting in deficient ground sign setback. Ground Sign Setback Required: 10 ft. Proposed: 1 ft. Deficient: 9 ft. The property is located on the north side of Five Mile Road (39200) between Knolson and the I-275 Expressway, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the property does not sit parallel with the main road sitting back further than usual. City of Livonia, Zoning Board of Appeals Page 21 of 22 August 9, 2011 2. Denial of the variance would have severe consequences due to the fact that the location is hard to find. 3. The variance is fair in light of its effect on the neighboring properties and in the spirit of the Zoning Ordinance because there is neighbor support and there is a unique situation because there are only two businesses in the area. 4. The Board received no letters 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 the property is classified “Office Service” under the Master Plan, and the proposed variance is not inconsistent with that classification. FURTHER, that the variance be granted with the following conditions: 1. That the sign be erected as presented to the Board. 2. That the sign be constructed within six (6) months. ROLL CALL VOTE: AYES: Pastor, Aloe, Duggan, McCue, Henzi NAYS: None Henzi: The variance is granted with those two conditions. You have to construct the sign which you presented in the place where you presented it. You have to do that within six months. Petitioner: I am very happy to do it within six months because winter is coming again and it’s a hard one. Henzi: Right. Good luck to you. Petitioner: Thank you very much. Thank you, sir. Casper: Very nice to meet you. Henzi: And thank you for working together, too. City of Livonia, Zoning Board of Appeals Page 22 of 22 August 9, 2011 Pastor: Mr. Chair, we some minutes to be approve, but how are we going to do that because we don’t have a forum I don’t think. You have three people that weren’t here for one meeting. Henzi: Good point. Pastor: Can we push those off? Henzi: Yes, we can do it next time. Pastor: And obviously we will have to do our elections next time. Henzi: Yes, all right. Yes, so we will just save the minutes. Pastor: Motion to adjourn. There being no further business to come before the Board, the meeting adjourned at 7:46 p.m. _________________________ SAM CARAMAGNO, Secretary _________________________ MATTHEW HENZI, Chairman /hdm