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HomeMy WebLinkAboutZBA MINUTES 2017-01-10 ZONING BOARD 17 APPEALS CITY`OF LIVONIA MINUTES OF REGULAR MEETING HELD January 10, 2017 A Regular Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Gallery of the Livonia City Hall on Tuesday, January 10, 2017. MEMBERS PRESENT: Matt Henzi, Chairman James M. Baringhaus, Secretary Leo Neville Timothy J. Klisz MEMBERS ABSENT: Craig Pastor, Benjamin Schepis, Gregory Coppola OTHERS PRESENT: Mike Fisher, City Attorney Craig Hanosh, City Inspector Patricia Burklow, CER-8225 The meeting was called to order at 7:03 p.m. Chairman Henzi 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. Four (4) members were present this evening. The Chairman asked if anyone wished to be heard by a full Board and one petitioner for two cases wished to do so, Panera Bread 2017-01-04 and Panera Bread 2017-01-05. 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 4 people present in the audience. (7:03) City of Livonia, Zoning Board of Appeals Page 1 of 23 January 10, 2017 APPEAL CASE NO. 2017-01-03: An appeal has been made to the Zoning Board of Appeals by Zeal Credit Union, 17250 Newburgh, Livonia, Ml 48152, seeking to erect three (3) wall signs and a ground sign, resulting in excess number of wall signs, wall sign area and ground sign area. In this zoning district, only one (1) ground or wall sign is allowed. Number of Wali Signs: Wall Sign Area: Allowed. One Allowed: 16 sq. ft. Proposed: Three Proposed 217 sq. ft. Excess: Two Excess: 201 sq. ft. With No Wall Signs Proposed and Selecting the Proposed Ground Sign: Ground Sign Area: Allowed: 16 sq. ft. Proposed: 29 sq. ft. Excess: 13 sq. ft. The property is located on the east side of Newburgh (17250), between Six Mile and Bennett, Lot. No. 031-99-0011-006, OS Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.50F(a) "Sign Regulations in Office Services Districts." Henzi: Thank you. Any questions for the Inspection Department? Craig, I — I had one. I thought I saw in the application that the zoning originally was commercial and then it was converted to office. Do you know the history of the use of the property? Hanosh: I believe we have that in the computer. Henzi: I think it was a Waste Management, but do you recall anything before that? Hanosh: Nothing before that, but I — Baringhaus: Mr. Chairman. Henzi: Mr. Baringhaus. Baringhaus: I believed it referenced that it was a AAA office at one time and also it was a racquet club, as well, and I seemed to recall Waste Management, as well, at one point. So there was several owners at that location. Henzi: Oh, okay. Thank you. Any other questions for Craig? Hearing none, will the Petitioner please come to the table. Edelstein: Good evening. City of Livonia, Zoning Board of Appeals Page 2 of 23 January 90, 2017 Kean: How are you? Faucett: Hello. Henzi: Can you tell us your names and address? Kean: My name's Michael Kean. Home address or work? Henzi: Work's fine. Kean: 22124 Telegraph Road, Southfield, Michigan — LeVanway Sign Company. Edelstein: Dan Edelstein, with Edge Creative Group, 23452 Woodward Avenue, Ferndale, Michigan 48220 Faucett: Lisa Faucett, Zeal Credit Union, 29550 Five Mile Road, Livonia, Michigan, but I'll be moving to the Newburgh location. Henzi: Okay. Go ahead and tell us about the sign package. Kean: Just one quick procedural question, if I may. With only four of seven board members here, if we split evenly, how does the tie breaker work? Henzi: Well, you need all four. Kean: Okay. Henzi: Because you have to have four to have a variance granted. So generally speaking, you know -- if we got to a point and there were three yes' and one no, we'd table it to -- to save you the cost of having to pay to come back. Kean: Okay. I just wanted — Henzi: That's how it works. Kean: l just wanted to be clear for us. Faucett: Yeah, I appreciate that. Kean: Thank you. Henzi: Okay. Go ahead. Edelstein: So Zeal Credit Union's been in the Livonia community for over 39 years. We were formally known as Co-Op Services Credit Union, and the credit union as a whole has been serving Metro Detroit for over 64 years. You know— Zeal Credit Union is the — City of Livonia, Zoning Board of Appeals Page 3 of 23 January 90, 2017 branded as the credit union for hardworking Americans, and we believe that the people of Livonia epitomize these -- these individuals. You know — the good news with Zeal is that we just keep growing, which is fantastic. So much so that we've decided to move on from our current headquarters, or location, which is Five and Middlebelt, and we — you know — we could have gone to a different city in Metro Detroit. We had a lot of different options, but — you know — we purposely wanted to be a part of the Livonia community. There's just no place we'd rather be than Livonia. So what we did is we went ahead and we took a large unoccupied building that's been vacant for a few years in a high profile location over at Six and Newburgh, and we put — you know — millions of dollars into remodeling it for our dual purpose, corporate headquarters and what we believe will be our premier Livonia banking branch location. So we wanted to go ahead and — and —and add a — a permanent modern fixture to the wonderful city of Livonia. We also have another branch location we plan to open up on Middlebelt, down the road, coming soon in the future. And it's just another example of our commitment to the city of Livonia. And Zeal also has a commitment to bring significant job growth over the coming years. This new building on Newburgh was actually chosen for its size because it allows us to grow in the future, which is great. Continuing on with our commitment to Livonia. You know— Livonia's important to us because a large chunk of our membership actually resides and is ingrained here in Livonia. So we couldn't be happier to service them, and of course, all of our other membership in Metro Detroit. So — you know — it's been a pleasure over the last couple of weeks, really couple of months, to work with some of your staff downstairs. Randy, he's helped us along the way, as has Marilyn. They've been great. And we're really just here today to —to ask you to support our commitment to the city with signage allotment that we believe is appropriate to the size and use of the building, which again, is a multipurpose corporate office and public branch location. Henzi: Okay. I'll — I'll start with a couple of questions. I like the front mirror image signs. That makes sense to me. I — I get it. Why don't you do this. Maybe you could describe the layout of the building because part of your rationale for requiring the sign is that it's dual purpose. So can you sort of describe what the use of the building's going to be? Edelstein: Sure. The —the front area of the glass, we call it the cube. That's kind of our internal phrase for the cube. That will be the front entrance of our branch. So our actual public branch, where membership can come and do their banking, will actually be that cube location. And then as you go more towards the — I guess I would say the left of the building, is actually where our corporate headquarters will be, which will have over 175 employees working day to day in that portion of the building. So again, it's — it's dual purpose for those two reasons. City of Livonia, Zoning Board of Appeals Page 4 of 23 January 10, 2017 Henzi: So that small sign with the same logo and the text Zeal Credit Union, that marks the — Edelstein: The employee entrance. That's actually our corporate headquarter entrance. So when it comes to employees on the day to day, as well as vendors and any sort of outside folks. Henzi: Is that new construction, or was there a sign there before, if you know? Edelstein: In what part? I'm sorry. Henzi: A past user--was there a Waste Management sign there? Edelstein: You're talking about in the smaller signs, sir? Henzi: Smaller, yep. Edelstein: Smaller sign, I'm not sure. Faucett: We've never seen any pictures of signage on this building. So I can't speak to that. Henzi: Okay. Thank you. That's all the questions I have. Any questions from the Board Members? Neville: Mr. Chair. Henzi: Mr. Neville. Neville: I saw that you indicated in your — in — in the package that you wanted to mirror similar to the signage that you have at the Five and Middlebelt store. But at Five and Middlebelt, you only have one wall sign there, correct? Edelstein: Correct. We only have one wall sign at Five and Middlebelt, but we were putting together our creative — our design based upon the signage allotment. And I believe that Five and Middlebelt is zoned as a C1, and we went ahead and created our design based upon the signage allotment for C1. 1 do believe it does go slightly over by a few square feet, correct, Mike? Kean: Yeah, I think it's indicated in the package — like 13 square feet or so. Edelstein: Correct. City of Livonia, Zoning Board of Appeals Page 5 of 23 January 90, 2017 Kean: I'm sorry. Well to C1 zoning it would be over by four square feet because the building is 213 linear feet, and our proposed is 217 — assuming a C1 zoning. Under the current zoning, it's much greater as you — as the appeal reads. Neville: Well, I — I guess I was going there too. The proposed signage on the — now I guess, would that be the employee entrance on the corner? I'm just looking at — as you see here on the — on the package of the diagram on the corner. The big glass wall that's closest to Newburgh versus further back. Edelstein: Correct. The glass cube is going to be for the branch. So that would be the actual vacant location. Neville: All right. Your proposed signage there is much larger than what you have at the Five and Middlebelt location, correct? At least is appears to be. Kean: The overall square footage is, but again, that was based off the method of calculation for C1. So it's one linear — one square foot per every one linear foot of frontage. So in — in — over on Middlebelt — or Five Mile, it's a shorter frontage — Neville: Oh, I understand that. Kean: -- and more than one tenant, at the time. I believe it's still the same, currently, correct? Neville: Perhaps this is just an architectural or design or rendering, but you're not planning to put a sign there by the railing by the front in the front? Faucett: No. Edelstein: No, sir. And I'm not sure what image — what image you're looking at, to be honest with you, sir. I✓aucett: That is the corporate entrance, but we're just looking at the one at the top there. Neville: Okay. Because I drove through the lot, and I didn't see a place to put that sign, and I just thought— Edelstein: Sure. Neville: Okay. All right. Thank you. Henzi: Any other questions? Klisz: Mr. Chair. City of Livonia, Zoning Board of Appeals Page 6 of 23 January 10, 2017 Henzi: Mr. Klisz. Klisz: l get the point of the big signs — the one facing — I guess technically, one would pick up driving south on Newburgh, and also, people would see the other sign driving north on Newburgh. What's — it seems like the ground sign is duplicative to the — and I also get the —the sign in the back—technically, i don't think many people will see it other than the employees who know where they're going, vendors and what not, and that one, I don't even think the public's really going to see it. But I guess I'm just wondering — it seems like redundant for the ground sign. Why do you need that one? Faucett: It — I'm going to speak up, sorry. Edelstein: Sure. Faucett: In my eyes, this really— it really designates where you drive in. There's a median there. So it's where the curb cut is to drive in on one side and drive out on the other side. So it kind of delegates. Edelstein: Yeah. Klisz: Thank you. Henzi: Any other questions? Baringhaus: Yes. Henzi: Mr. Baringhaus. Baringhaus: Thank you. On the signage that's on the glass cube, where the — which is the branch entrance, on that signage, is that on the outside of the building or is that affixed to a wall sign on the inside of the building?. Edelstein: Yes, sir. There's the glass it's actually on the exterior of glass. So it's actually on the outside, and we just have the adhered to that — that portion of the glass on each side. Baringhaus: Okay. Great. I noticed in the area that a number of businesses do have ground signs, but they're generally smaller in nature. Like for instance, Laurel Park Mall, I don't think Chase Bank has one, particularly. Kinko's has one and then even St. Colette's Church has a small ground sign, as well. I sort of agree with Mr. Klisz. I mean — these signs, generally in the area, if they do have a ground sign, it's a smaller scaled ground sign, yet this is still pretty identifiable. Again, what's your justification for aground sign that's 13 square feet above our ordinances? City of Livonia, Zoning Board of Appeals Page 7 of 23 January 10, 2017 Faucett: This is the same ground that we're currently using at our Five and Middlebelt location. So it is to create consistency amongst our branches, and what we would ask to do at our new branch in Livonia, also. So it is currently what we have at Five and Middlebelt. Baringhaus: Would you accept reducing the ground sign so it would be more consistent with the businesses in the area? Faucett: I wouldn't have a problem with that as long as it's — Edelstein: We certainly understand why, and we would respect that opinion. And again, in creating the design for this entire endeavor when it came to signage — you know ---we focus on the C1 zoning that we currently have at Five and Middlebelt to — you know --- to adhere to what we believe is right and fair and so on. And again, we're going from a much smaller building to, what we believe, is just a massive building. So we're just trying to account for all. Baringhaus: Because, yeah, you do have the — you know — the large Zeal sign on the glass, which l think is very attractive. The property itself is very deep, but it's not very wide, and — and in my opinion, I think that justifies the need for the smaller sign. If the building was turned in the other direction, where it was more wide as opposed to deep, 1 think that there would be more justification there as well. In terms of the signage, are they on timers? Edelstein: That's how we're building as — Kean: Currently as we discussed with the general contractor, they will be on, basically, a combination of photo cell and timer control. So you get the best energy efficiency out of them. So the — the timer energizes the circuit and the photo cell turns it on when it's appropriate. If — you know --- at the designated time, whether it's light or dark, the timer would then de-energize the circuit. Baringhaus: In some of the earlier photos of the building, 1 noticed there was an orange banding sort of going around the top border. Is that still included in the plans or is that discontinued. Faucett: That is included in the plan. Baringhaus: Still included. Okay thank you. Edelstein: Thank you, sir. Henzi: Any other questions? City of Livonia, Zoning Board of Appeals Page 8 of 23 January 10, 2017 Klisz: Mr, Chair. Henzi: Mr. Klisz. Klisz: Is the ground sign illuminated, as well? Faucett: Yes. Klisz: Okay. Edelstein: It's back lit. Faucett: It's back lit. Klisz: And -- and I would assume that, again, is it the same thing — like with a timer, basically on dawn to sometime after close or something like that. What are the hours? Kean: Yeah. They would be controlled the same way. The hours would be determined by Lisa and her team and me. And we would just set it up that way, along with the general contractor, once that's been determined. Klisz: Thank you. Baringhaus: Mr. Chairman. Henzi: Mr. Baringhaus. Baringhaus: Now what are the hours of operation for the branch? Faucett: Generally, 9:30 to 5:00 — open until 6:00 on Friday. Baringhaus: Thank you. Henzi: Will you have an ATM inside the branch available for after hours. Faucett: There's actually a drive-up ATM that's scheduled for the parking lot. I don't know if you can see— if you have an overall layout. So if you see where you pull in where the ground sign is, you can go straight through the parking lot, kind of loop around and hit the ATM on the way out. Kean: It's indicated on the site plan if you have this docu —that should be in your packet —that page, but it's — Henzi: Oh, now I see it. City of Livonia, Zoning Board of Appeals Page 9 of 23 January 90, 2017 Kean: It's directly— directly north of the north wall sign in that—that island. Right in front of the first parking space. Henzi: Do you have any renderings of what the ATM machine's going to look like? Faucett: I do not have it with me, but I — I can provide those. It's —there's no signage on it. It just is — has a canopy for rain and stuff and it has an ATM. Edelstein: Pretty standard — yeah, pretty standard. 1=aucett: But no, there's no Zeal on it. There's Zeal on the actual ATM machine. Edelstein: Like on the screen. It's branded Zeal — yep. Henzi: Okay. Okay. Thank you. Any other questions? Fisher: Mr. Chair, can I ask one. Henzi: Mr. Fisher. Fisher: You calculated the signage proposal on the basis of a C1 zoning. Has there been any thought of returning this to C1 zoning — petitioning for a rezoning? Edelstein: You know—we basically, in a nutshell, we just really don't want to rezone. We understand that — you know — it's a process for us. It's probably a process for you. We would prefer a signage variance. You know—we —we want to capture the same signage percentage, again, that we have our current location, and it's just something that — you know —we — we feel as unnecessary —would be the wrong word? Kean: Well, yeah I think — I think at — at the time — you know— I became involved in the process with — with Dan and Lisa, they had a lot of other bigger things to contend with and work with revitalization of this building. So by the time I was able to give them that recommendation — you know — realizing it might have been a lengthy process, I think — you know — they chose, perhaps, this is the only thing we want to do is new sign — you know— is get our signage allowance—you know equivocal to what they have. They would just pursue a ZBA on that course versus the rezoning process. It's a little bit of — you know — they had a lot of bigger ticket items we were contending with on the property. So that was part — partly, 1 believe, you know — a small oversight on my party when the recommendation came through. Edelstein: The building as a whole has just been a massive undertaking, as you can imagine. Again, we've put millions of dollars into it, and it'd been — I don't even know how long it's been now, but it's been a while now, and there's a lot of things that go into, as you can imagine. So rezoning just wasn't really in our forecast. City of Livonia, Zoning Board of Appeals Page 10 of 23 January 10, 2017 Henzc Thank you. Any other questions? Baringhaus: Mr. Chairman. Henzi: Mr. Baringhaus. Baringhaus: Yeah, just to revisit the ground sign again. You have it proposed at 29 square feet. Are you going to take it down to less than that to 16 square feet? Faucett: Does that work with our design? Kean: It could be --yeah — anything can be scaled down. Yes. So if you're — essentially it's half of what you have, but if you're okay with that, then yes we can scale it down. Construction wise — yeah. Faucett: Yeah, again my only concern is when people are going north and south on Newburgh and not looking up at the building, to be able to see that sign, and now this is where 1 turn. Because if you miss it, you have to go — Edelstein: Yeah, we do have a concern on Newburgh because as you are going— I guess you'd be going south on Newburgh — you know — again, you can catch the lettering, as we proposed, at the top of the glass, but if you — you miss that entrance, you're going to go and you're going to cross Six Mile and it's — once you're passed Six Mile, if you're new business, you're probably get deterred and go over to Bank of America, or if you are a current member, it's going to be an inconvenience for you to do the turn around and go back. So again, we're really trying to capture people as much as possible — you know — with the location and the layout of the building. Baringhaus: Is there a number that it could be scaled back to that you think would be workable? Somewhere between 29 and 16? Faucett: Could we — if we take off that bottom part— does that— is that enough? Kean: I don't believe -- I don't believe the ordinance includes the structure. Is that correct? It's just the actual sign area. So if we — if we got rid of the bottom skirt part, which conceals the foundation portion, that wouldn't really affect the size of the sign. Unless — unless that would please the Board if we just cut the half—you know — lowered it to the ground — if we reduced the height of the skirt area and lowered it to the ground, but keep the sign area the same portion — the same proportions? Would that be acceptable? I mean — it — it would reduce the overall visual size of it, but the sign area would remain the same. Would that be acceptable or not? City of Livonia, Zoning Board of Appeals Page 11 of 23 January 10, 2017 Baringhaus: I was looking more — again the signage in the area — the actual ground signage is not large— it's present, but it's not large. Looking at 29 square feet—you know — that would sort of out of the norm for that area, itself. Some reduction would make it more consistent— maybe 25 — 21 — somewhere in that neighborhood. Kean: I mean —we can scale that sign down to whatever— Faucett: Yeah. Kean: -- you know —the construction is — is such that we can do that. It just really only comes down to a matter of what's agreeable —you know— with Lisa and the Board. So — from a fabrication stand point, I — I can make that pretty— you know— I can make it 16, 1 can make it 20, 1 can make 25. So whatever—whatever we —what —what do you think would be agreeable to you, Lisa. Faucett: I'd be happy with 22. Can we make an agreement on that? Propose that? Edelstein: 22, sir. Baringhaus: Inspection Department? Hanosh: We wouldn't have a problem with that. It would be the Board's decision. Baringhaus: That would be fine. Thank you. Faucett: Okay. Thank you. Henzi: Any other questions. Hearing none, is there anyone in the audience who wants to speak for or against the project. Seeing no one coming forward, can you read the letters? Baringhaus: Yeah, we have three letters. Letter from Orin J. Mazzoni, O&M Investments, Kinko Property owner, (letter read). Another letter from Carolyn Beresford, 37184 Bennet Street, Livonia, (letter read). Letter of objection, Delores Miller, 37181 Bennet, (letter read). Henzi: Is there anything you'd like to say in closing? Faucett: Just that we're excited to be part of Livonia, and we're really looking forward to finally moving into our new branch — new headquarters. Edelstein: We're excited. We appreciate your time. So thank you. Henzi: Sure. Thank you. I'll close the public portion of the case, and begin the Board's comments with Mr. Klisz. City of Livonia, Zoning Board of Appeals Page 12 of 23 January 10, 2017 Klisz: I — I live just north of there. So I've watched construction every single day, and I will be looking at it every single day for as long as 1 live in my neighborhood. So it's very important to me. I like it. Looks good. The— I applaud you for taking an old building and revamping it. That's great. Everyone complains about that, and yet, no one ever does it. So that's great. I — I — I was thinking it was a little bit excessive before hearing the — the reasons for it, and now, I'm kind of bought in. I — I think that Mr. Baringhaus and I have talked about the reduction. I think 22 would be a number that I would support on the ground sign so that, yes, people can see it when they're looking that way. And signage is important, and it's certainly been more within what we're looking at in the area. The wall signs, I think, will look good. And like I said, the extra one for the employees is — is not out of line with the —the size of the building and stuff like that. I — I guess that 1 would be in support with the reduction of the ground sign to 22 square feet, and I would want some kind of— maybe we can discuss a timing on the — on the fighting so that it's not 24 hours a day, something like that. I know we — we've done some — some limits on timing and stuff like that for the sign. So based on that discussion and the reduction, I would be in support. Henzi: Mr. Baringhaus. Baringhaus: I — I agree with Mr. Klisz. 1, too, live in the area, as well, and I understand the challenges of Newburgh, and — you know — the boulevards in front of your location, as well. l think your design is very well thought out. Very well executed. 1 think it will definitely be an asset to the community, and I thank you for investing in the city of Livonia. I appreciate the reduction in signage, as well. I think it's now more consistent with the other signage in the area, and congratulations and good luck. Henzi: Mr. Neville. Neville: Well, I -- i applaud the fact that you're willing to work with regards to the reduction of the ground sign. Where I'm hung up is with respect to having the wall signs on the north and on the west side of the building. I think there's some redundancy there. I think the one that's most important, is probably the one that faces Newburgh. So on the west side of your building where you have more visibility. And going up and down Newburgh, not really sure whether you — you draw any benefit from the north wall sign. And you seem to accomplish what you're trying to do, with respect, to the ground sign. I think I'm at that where I — I would support the, obviously, the modifying ground sign, but I'm having a hard time, with respect, to two wall signs on that corner of the building. I'm not really sure that the sign over the employee entrance adds anything because your employees know where they're going to go, but given the size of it, I really wouldn't have a problem with that. So I guess where I am at right now is — you know — pick a side of the building City of Livonia, Zoning Board of Appeals Page 13 of 23 January 10, 2017 -- probably the north — the west side. I don't know if I can support two large Zeal Credit Union signs on the corner of that same section of the building. Henzi: So I've supported mirror image signs like what's proposed in the past. 1 think can support it here. This is a difficult spot. You know— I live in the area. 1 — I didn't even know what was in this building for decades, and I think that it's appropriate. I also agree with the scaling back the ground sign because I think really what you're looking at — or what you're looking for is a directional sign, not necessarily something that's going to capture a bank customer who just happens to be traveling down southbound on Newburgh. So I'll go along with what was originally proposed. So floor's open for motion. Baringhaus: Mr. Chairman. Henzi: Well, actually, maybe even before you do that. We don't want to waste their time. If we've got three out of four— Klisz: Right. Do we want to table it? Neville: What's that? Klisz: Do we want to table it? Neville: I guess where I'm looking at this — I mean that if the three of you think that it's — it's satisfactory, 1 guess — and I know they put a lot of work and time in this that 1 think that I would be — if it was going to be a modified resolution relative to the ground sign, I think I could support the sign package with that modification of the ground sign. If that's what you're looking at. I think I could be in support of that resolution. Baringhaus: Mr. Chairman. Henzi: Mr. Baringhaus. Baringhaus: I do have one question regarding the—the timers on the signs. I don't think we agreed to a specific time that they— you know—would be turned off at night. Normal course of business, what have we talked about before — like — two in the morning — one in morning — how many hours? Henzi: A lot of times, an hour after they close. Especially with the north facing — that — that is a new light shining into folk's backyard — yards. Klisz: Right. Henzi: That's the one— I mean the one facing Newburgh — I mean it's pointed at the mall. That one isn't necessary. And I also appreciate you're probably going to have light in the City of Livonia, Zoning Board of Appeals Page 14 of 23 January 90, 2017 parking lot, but it's always had lighting in the parking lot. So I — I would rather not see — especially that one — on all night long, or even — Neville: An hour and after— Henzi: -- an hour after close would be fine. Faucett: So we're talking about the one that faces north? Okay. Just to be clear. Henzi: Unless other Board members want both. I mean — that's the one that really concerns me, but if you wanted to make them both and hour after closing. Baringhaus: Mr. Chairman. Henzi: Mr. Baringhaus. Baringhaus: One would be — one would be acceptable, and that would be the north side Klisz: Right, Right. The one that faces the neighborhood. Neville: On the other side of the building. Henzi: Did you want to make the motion. Baringhaus: Sure. Henzi: Mr. Baringhaus. Upon Motion by Baring haus_supported by Klisz, it was: RESOLVED, APPEAL CASE NO. 2017-01-03: An appeal has been made to the Zoning Board of Appeals by Zeal Credit Union, 17250 Newburgh, Livonia, MI 48152, seeking to erect three (3) wall signs and a ground sign, resulting in excess number of wall signs, wall sign area and ground sign area. In this zoning district, only one (1) ground or wall sign is allowed. Number of Wall Signs: Wall Sign Area: Allowed: One Allowed: 16 sq. ft. Proposed: Three Proposed: 217 sq. ft. Excess: Two Excess: 201 sq. ft. City of Livonia, Zoning Board of Appeals Page 15 of 23 January 10, 2017 With No Wall Signs Proposed and Selecting the Proposed Ground Sign: Ground Sign Area: Allowed: 16 sq. ft. Proposed: 29 sq. ft. Excess: 13 sq. ft. As amended by the Board Number of Wall Signs: Wall Sion Area: Allowed: One Allowed: 16 sq. ft. Proposed: Three Proposed: 217 sq. ft. Excess: Two Excess: 201 sq. ft. With No Wall Signs Proposed and Selecting the Proposed Ground Sinn: Ground Sign Area: Allowed: 16 sq. ft. Proposed: 22 sq. ft. Excess: 6 sq. ft. The property is located on the east side of Newburgh (17250), between Six Mile and Bennett, Lot. No. 031-99-0011-006, OS Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.50F(a) "Sign Regulations in Office Services Districts," be granted as amended for the following reasons and findings of fact: 1. The uniqueness requirement is met because of the unique location of the property. 2. Denial of the variance would have severe consequences for the Petitioner because it would be difficult to recognize the business due to the location of the property on a divided highway. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because it is consistent with other businesses in the area. City of Livonia, Zoning Board of Appeals Page 16 of 23 January 10, 2017 4. The Board received 1 letters of approval and 2 objection letters from neighboring property owners. 5. The property is classified as "Office" 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 it complies with all guidelines and conditions set forth in the resolutions of the City Council and Planning Commission. 2. That the ground sign size is reduced to 22 square feet. 3. That the sign on the north side of the building may remain lit for no more than one hour after close of business. ROLL CALL VOTE: AYES: Neville, Klisz, Henzi, Baringhaus NAYS: None ABSENT: Pastor, Schepis, Coppola Henzi: Variance is granted with those conditions. And to Mr. Kean, you were on the money with respect to the height. So you can work out specific size and new dimensions with the inspection department when you pull the permit. Kean: Oh regarding the ground sign? City of Livonia, Zoning Board of Appeals Page 17 of 23 January 90, 2017 Henzi: Yeah. Kean: Six foot? Henzi: Yeah, you don't have to drop it to the ground. What you said was accurate. Kean: Okay. So would we be able to maintain the six feet as long as it's a smaller sign area? Henzi: Yes. Kean: Thank you. Henzi: Yeah. Great design. Thank you very much. Faucett: Thank you so much. Edelstein: Thank for your time. I appreciated your understanding. Thank you. Neville: Good luck. City of Livonia, Zoning Board of Appeals Page 18 of 23 January 10, 2017 APPEAL CASE NO. 2077-09-04: An appeal has been made to the Zoning Board of Appeals by Laurel Park Retail Properties, LLC, 2030 Hamilton Place Blvd., Chattanooga, TN 37421, on behalf of Lessee, Panera Bread, LLC, 6710 Clayton Road, St. Louis, MO 63117, seeking to construct a restaurant on commercial property, resulting in deficient parking spaces. The parking required includes the existing Laurel Park Mall property and this proposed restaurant. Also, deficient is the parking width of nine (9) feet where ten (10) feet is required. Number of Parking Spaces: Required: 3657 Proposed/Existing: 3497 Deficient: 160 The property is located on the north side of Six Mile (37700), between Newburgh and 1- 27511-96, Lot. No. 028-99-0002-017, C-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.38(17)a, "Off-Street Parking, Schedule," and Section 18.37(o), "Off-Street Parking Requirements." Henzi: Mr. Hanosh, anything to add to this case? Hanosh: Not at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Neville: Mr. Chair. Henzi: Mr. Neville. Neville: Mr. Hanosh, just to clarify, that — that the 3657, that's for the whole property there, correct? Hanosh: That's the whole mall. Neville: Right. Hanosh: That was the original one that was approved by Council. Neville: Thank you. Henzi: Mr. Hanosh, l had one more. What's the width of the existing spaces at the mall? It is nine or ten? Hyman: They're nine. Hanosh: Nine. City of Livonia, Zoning Board of Appeals Page 19 of 23 January 10, 2017 Hyman: And that was approved in 1987 by your predecessors. So that's really should not be an issue. That variance has already been approved. Henzi: Nine foot, double striped? Hyman: Correct. Hanosh: We should have paperwork on that here tonight. Hyman: I've got is right here, if you want. I've got the Minutes of the 1986 meeting. Henzi: Yeah, would you mind passing it around? Hyman: No problem at all. Henzi: Okay. Any other questions for Mr. Hanosh? Go ahead and introduce yourself whenever you're ready. Hyman: Mr. Chairman, Members of the Board, my name's Norman Hyman. I'm representing CBL. The rep behind me is CBL, and Panera Properties. We did come to make a presentation, however, I see there are only five members of the Board here, and under those circumstances, we would request a postponement. Henzi: You would. Okay. I'm sorry. You were out—we asked —so you had to sit through a case, but — Hyman — I'm a — I'm a vet. So I've been here before and I know the rules so. Henzi: Okay. The — let me tell you the dates. The next available meeting if February 28th, and if you want that date, you have to schedule it by February 3rd. Hyman: Can — can we get it postponed to that date, right tonight without requiring anything further? Henzi: Craig, can we? Hyman: I think that's with your discretion. Hanosh: I think that's when they have opening. Henzi: Yeah, it's open. Sure. Hyman: Please. Then it's done. Henzi: I'll follow up with Marilyn. City of Livonia, Zoning Board of Appeals Page 20 of 23 January 10, 2017 Hanosh: Yeah, I can take care of that in the morning. Hyman: Yeah, Marilyn told me, the earlier, the -- the last meeting in January is full. So I know we couldn't make that. Henzi: Yeah. Klisz: And then the 14th got cancelled. Hyman: And the 14th, I gather, is now full. Henzi: It was cancelled. Hyman: Oh it's been cancelled. Henzi: So 28th's the first — so you'll be on the 28th. Hyman: All right. Thank you very much. Neville: Mr. Chair, just another question, I guess. If they — okay — if they went forward and there was a tabling motion, would they still have to wait until the 28th for their next meeting versus — Fisher: Yes. Henzi: Yes. Neville: Okay. Because they got tabled today, they could comeback sooner. Fisher: See they couldn't have gone to the 24th anyway tonight because it's already too late in terms of public notice. Neville: Right. Fisher: So that's what's really slowing — Henzi: But, and then Mike, I don't think that they should have to pay the fee for rescheduling. Fisher: No. No, they won't. Hyman: That's my understanding. The fee's only required if we ask for it. Klisz: Without a full board. Fisher: Yeah, it's on us because we didn't have a full board. You want to do the same thing with the other case? City of Livonia, Zoning Board of Appeals Page 21 of 23 January 10, 2017 Hyman: Might as well. Henzi: Okay. I'm sorry about that. Hyman: It happens. At least it won't be snowing. Henzi: Famous last words. Neville: Is that a guarantee? Hyman: Some of these people have come a long way to be here tonight. Thank you very much. Henzi: Craig, can you also ask Marilyn to make sure that we have the Minutes that Mr. Hyman talked about? Hanosh: Yes. I believe it's in the packages --- I have like 200 and some odd pages in the computer. Henzi: I know. I know. Hanosh: We need hard copies. Would that be easier? Henzi: For this one, on a parking, yes. Where were looking at property this big. Hanosh: Yeah, we have plans on it also. I've clicked all that. Henzi: What do you guys think? Neville: Regarding? Henzi: Having a hard copy —the plans at least. Hanosh: Yeah, I have a hard copy here — Panera Bread. This is the original. Here's the Zoning Board — I have it right here. Fisher: Are these plans that are laid out here? Hanosh: No. Fisher: No. This isn't the plan for Panera. Board Members: Yes. Hanosh: Back in 1986, they passed the nine foot by eighteen foot, deficient one foot. l have the original ZBA right here from 1986. City of Livonia, Zoning Board of Appeals Page 22 of 23 January 90, 2017 Fisher: Why don't we have that in our stuff? Hanosh: There's like 200 and some odd pages — I'll make sure it gets scanned in. Fisher: Okay. Henzi- Because I do know that we've had some — Burklow: Are we off the record or are we on? Henzi- Yeah, we're off— you want to make a motion to adjourn? KIisz: Motion to adjourn. Baringhaus: Support, Henzi: Moved by KHsz, support by Baringhaus. All in favor say aye. Board Members: Aye, Henzi: We're adjourned. There being no further business to come before the LBrd, the meeting was adjourned at 7:46 p,rn. MaR,vLHenzi, tairman ilwring p"aus, Secretary /ban City of Livonia, Zoning Board of Appeals Page 23 of 23 January 10, 2017