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HomeMy WebLinkAboutZBA MINUTES 2017-02-28 ZONING BOARD'OF APPEALS: 'GITYOF LI1/ONIA MINUTES aF SPEGIAL MEETING HELD FEBRAU,RY 28, 20'17 A Special Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Auditorium of the Livonia City Hall on Tuesday, February 28, 2017. MEMBERS PRESENT. Matthew Henzi, Chairman James M. Baringhaus, Secretary Craig Pastor Leo Neville Gregory G. Coppola Benjamin A. Schepis Timothy J. Klisz MEMBERS ABSENT None OTHERS PRESENT: Eric Goldstein, City Attorney Scott Kearfoft, City Inspector Beth Niemczewski, CER-7224 The meeting was called to order at 7:00 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. Seven (7) 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. Appeal Case No. 2017-02-09 failed to appear for the meeting. 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. 7:00) City of Livonia, Zoning Board of Appeals Page 1 of 19 February 28, 2017 APPEAL CASE NO. 2017--01-07 Rescheduled from JanuarV 10 2017 : An appeal has been made to the Zoning Board of Appeals by Thomas Brisbois, 14401 Doris, Livonia, MI 48154, seeking to erect a six (6) foot tall privacy fence upon a corner lot, resulting in excess fence height. Fence Height: Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the west side of Doris ('14401), between Oakview and Bentley, Lot. No. 092-08-0278-000, R-313 Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090.A4bii, "Residential District Regulations." Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Any other questions for the Inspection Department? Hearing none, good evening, sir. Can you state your name and address? Brisbois: It's Thomas Brisbois at 14401 Doris Street, Livonia. Henzi: Go ahead and tell about the fence that you'd like to construct. Brisbois: It's a -- it's a wood fence. It's a shadow box -- you know-- standard --you know fence construction. It's a -- my-- my-- the neighbor to the rear of my property --the rears of our property back to each other-- has the same fence. It's six foot high. So we wanted to have one that matched so we didn't have one fence shorter than the other fence. We wanted it to match that neighbor's fence. Henzi: So there's a diagram in our packet with -- you know -- an exemplar of where the fence would go. Did you create that? Brisbois. I did. Henzi: Okay. Thanks. Any questions for the Petitioner? Brisbois: No questions from me. Baringhaus: Mr. Chairman. City of Livonia, Zoning Board of Appeals Page 2 of 19 February 28, 2017 Henzi: Mr. Baringhaus. Baringhaus: The fence is the same height and style as your neighbor's fence. Brisbois: Same height and style. Yes, sir. Baringhaus: Do you have any plans to stain or paint that fence? Brisbois: You know-- the stain -- their -- their fence is unstained. So -- and it's a little bit -- I mean -- it's not -- it's not ancient, but I don't know if they plan to stain theirs. So we're not really sure what we're going to do as far as stain. It won't be for the first year, anyway, to let the wood weather. So we'll probably talk to the neighbor about that. Baringhaus: And then your -- your proposed fence will butt directly up against your neighbor's fence? Brisbois: Yes. Baringhaus: Creating one unified fence. Brisbois: One fence, yes. Baringhaus: Okay. Thank you. Henzi: Any other questions? Neville: Mr. Chair. Henzi: Mr. Neville. Neville: Could you tell us, what's your hardship? Why do you need to have this? Brisbois: Well, we've got two dogs. You know -- when -- when we bought the house -- you know -- 1 -- I -- I gave the seller a short due diligence period because I wanted to get the offer accepted. You know -- so I just -- you guys know markets had hits. Some of you, I think, are actually in real estate. So -- you know -- it's a tough a market. So I gave him a very short period of due diligence, and I didn't know that the side yard -- you know -- ordinance was for a five-foot fence. You know-- so it was really my mistake. But we've got two dogs -- you know -- letting them out -- you know -- obviously, presents a number of -- you know -- challenges to us, personally, but also to the neighbors because they're walking their dogs and --you know -- different things. So it just really isn't -- you know -- it really isn't a good -we've got four kids --you know-- two dogs, and just having anybody in the backyard is kind of-- kind of a challenge with -- you know -- not having any kind of fence there. City of Livonia, Zoning Board of Appeals Page 3 of 19 February 28, 2017 Neville: And the reason you want six-foot privacy fence versus the five is why? Brisbois: Again, the neighbor that's -- you know -- adjacent to my property -- if I put any other fence there, it would -- you know -- l mean -- it would be unappealing. It would be aesthetically displeasing. So whether I put a chain link or a five-foot or any other-- a vinyl five-foot -- or whatever it would be, would be -- you know -- wouldn't match. It would be aesthetically ugly. Neville: Thank you. Brisbois: Yeah. Henzi: Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: What kind of dogs do you have? Brisbois: I have an Australian Shepherd and Jack Russel Shih-Tzu. Pastor: What sizes are they, medium, large? Brisbois: The Jack Russell Shih-Tzu is -- you know -- 25 pounds, and the Australian Shepherd is -- you know -- 35 pounds, maybe, perhaps. Pastor: Do they jump a five-foot fence or a four-foot fence, what do they do? Brisbois: You know -- I don't know. 1 mean at our old house, we had just a standard chain link fence along one side, but we had a -- you know -- six-foot privacy fence on two sides. So -- you know -- 1 never had an issue -- actually, I take that back. We had a six- foot privacy on all sides. So I never experimented -- you know -- with that. Pastor: Thank you. Brisbois: And again, I think to answer -- you know - to that question further, like I said to Mr. Neville, I mean -- it's a -- you know -- if I put a chain link -- you know -- or a five-foot up against a six-foot -- you know -- the -- the neighbor's agreed that -- that would be -- you know -- they would prefer it a different way. They'd prefer it to match. Pastor: Thank you. City of Livonia, Zoning Board of Appeals Page 4 of 19 February 28, 2017 Henzi: Any other questions? Hearing none, is there anyone in the audience that wants to speak for or against the project? Seeing no one who wants to speak, are there letters on this case? Baringhaus: We have three letters Mr. Chairman. First is from Al Miller, 14441 Henry Ruff, letter of objection, (letter read). Letter of approval from David Galicia, 30333 Lyndon, (letter read). Letter approval not addressed, (letter read). Henzi: Mr. Brisbois, is there anything you'd like to say in closing. Brisbois: No. No, thank you. Henzi: Thank you. I'll close the public portion of the case and begin the Board's comments with Mr. Klisz. Klisz: I think this is --we're pretty consistent on these, in that a six-foot fence on a corner lot is -- is usually approved. Obviously, one had been approved. It would make sense to match it up to the neighbor's fence. Five-foot versus six-foot looks silly. They're going to match them in -- in type, and size, and whatnot. So I would be in support. Henzi: Mr. Coppola. Coppola: Yeah. I would agree. Not for the other six-foot fence, I would have a little more difficulty in approving that, but making it consistent would probably make it, like you said, a little more attractive for the neighbors. So I'll be in support of the variance. Henzi: Mr. Baringhaus. Baringhaus: I agree with my colleagues. It's not a -- it's a fairly consistent approach to match, both the height and similar style of an existing neighbor's fence. I think it would be to the benefit of the neighborhood. I'll approve the variance. Henzi: Mr. Pastor. Pastor: I'll support it. Henzi: Mr. Schepis. Schepis: I'll also support the variance. I -- I think it makes sense to have -- you know -- to -- to have the fence line match up as much as you can, and -- you know -- if we deny this, then you won't be able to do that. I think it would look better this way. Henzi: Mr. Neville. City of Livonia, Zoning Board of Appeals Page 5 of 99 February 28, 2017 Neville: I agree with my colleague's comments, and l also think that the -- the proposed fence as depicted in the documents is extremely reasonable. So I would be in favor of granting the variance. Henzi: I, too, will be in favor of granting the variance for all the reasons given. 1 also like the fact that the fence begins at the absolute rear of the house. So l appreciate that. So floor's open for motion. Baringhaus: Mr. Chairman. Henzi: Mr. Baringhaus Upon Motion by Baringhaus supported by Pastor, it was: RESOLVED: APPEAL CASE NO. 2017-01-01 Rescheduled from January 10 2017): An appeal has been made to the Zoning Board of Appeals by Thomas Brisbois, 14401 Doris, Livonia, Ml 48154, seeking to erect a six (6) foot tall privacy fence upon a corner lot, resulting in excess fence height. Fence Height: Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the west side of Doris (14401), between Oakview and Bentley, Lot. No. 092-08-0278-000, R-313 Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090.A4bii, "Residential District Regulations," be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because of the location being on a corner lot and the existence of the six-foot fence being consistent with their neighbor's. 2. Denial of the variance would have severe consequences for the Petitioner due to the ability to properly maintain and safely keep their dog in the yard. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because general support of the neighbors. City of Livonia, Zoning Board of Appeals Page 6 of 19 February 28, 2017 4. The Board received 2 letters of approval and one objection letter from neighboring property owners. 5. The property is classified as "Low Density Residential" in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. The fence must be installed as presented as to location and style. ROLL CALL VOTE: AYES: Schepis, Neville, Klisz, Coppola, Pastor, Henzi, Baringhaus NAYS: None ABSENT: None Henzi: Mr. Brisbois, your variance is granted with one condition. You've got to put the style of fence you proposed in the spot you proposed. Brisbois: Understood. Henzi: Good luck to you. Brisbois: Thank you guys. City of Livonia, Zoning Board of Appeals Page 7 of 19 February 28, 2017 APPEAL CASE NO. 2017-02-12: An appeal has been made to the Zoning Board of Appeals by David Phipps, 3699 Vorhies,Ann Arbor, MI 48105, on behalf of Lessee Aletha Senior Apartments, 14931 Farmington, Livonia, MI 48154, seeking to construct four (4) multi-story buildings and carports, resulting in deficient side and rear yard setbacks. Side Yard Setback for the Two-Story Buildings: Required: 50 ft. Proposed: 24 ft. — 31 ft. Deficient: 19 ft. — 26 ft. Side Yard Setback for the Four-Story Buildings: Required: 60 ft. Proposed: 55.7 ft. — 58.9 ft. Deficient: 4.3 ft. — 8.9 ft. Rear Yard Setback for the Carports: Required: 50 ft. Proposed: 40 ft. Deficient: 10 ft. The property is located on the west side of Farmington (14931), between Five Mile and Lyndon, Lot, No. 081--99-0018-000, R-9 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 29.05(3)(a), and (3)(b)(2), "Establishment of Area, Bulk and Placement Regulations." Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for the Inspection Department? Coppola: Mr. Chair. Henzi: Mr. Coppola. Coppola: Mr. Kearfott, it's not clear to me exactly where all these variance requirements are on the plan. Case and point, it talks about a two-story building. I'm not sure which the building is two-story. And then, which -- someone could point to me where these -- where these issues are on the plan so I can understand what we're looking at. Is that something you can do for us, or is that something that the Petitioner -- Henzi: Do you know or do you want to pass to the Petitioner, Scott? City of Livonia, Zoning Board of Appeals Page 8 of 19 February 28, 2017 Pastor: The Petitioner can probably can do it. (Petitioner approaches Board for clarification, unclear record) Coppola: Actually, what looking to approve is different than what's presented on this plan. Phipps: Well I don't know who made that up, but this is that they were supposed to have taken it of off. Coppola: Okay. So how do we -- how do we proceed on that? Because that was -- Henzi: Because we're missing the one-story? Coppola: It's not what was in the notice. Henzi: We have a two -- instead it really should be a side yard setback for -- Phipps: The community building is one-story. Henzi: Yeah. We've got two-stories and there are none. Phipps: No. This is a three, and then everything else is all four. Henzi: Hey, Scott, are the -- is the setback for a three-story 50 feet? Kearfott: That's what it says. However, for the four-story building, 60. Henzi: It's 60. What about three-story? Kearfott: You know, he just has it wrote up for two-stories -- two-story -- four-story -- Coppola: Right. (Discussion between Board and Petitioner, unclear record) Coppola: So I don't know how -- I guess I don't know if we proceed if the Public Notice isn't -- Henzi: Is it front yard -- what's the notice say? Coppola: We can only proceed on what the notice provides. Henzi: It's 50 feet for a three-story. (Discussion between Members, unclear record) City of Livonia, Zoning Board of Appeals Page 9 of 19 February 28, 2017 Coppola: They're missing a deficiency on the community building -- if there is a deficiency. I'm not sure if there is on a one-story building. So I'm not sure if this notice is correct and whether we can proceed based on what this notice says. Henzi: Mr. Goldstein, do you have an opinion. Goldstein: My opinion is, the notice has to correspond to what is being considered. It's part of the process that we give for the neighbors as well. And regardless of whether we think the inaccuracy is de minimis or not, that is what the neighbors are entitled to know, it what is additions. J. McCann: Eric -- Henzi: Can you say your name and address. McCann: Yeah. Attorney James McCann. And not to rely on Scott, or whoever, if the notice shows a greater deficiency than that is actually there, wouldn't we be -- as long as the deficiency is less --we've given notice of deficiency, if it's less then we could approve for the full deficiency, but if it's less, we should go ahead and move forward. Goldstein: If that describes the change of circumstances in front of you as compared as comparing, once again, in the notice of what you're seeing in front of you. if -- if Mr. McCann is accurately indicating that what you're actually considering is less of a -- of a change -- a less of a -- of a deficiency what is required by code than what is in the plans, I would agree with Mr. McCann's representation. Just so we have a clear record. If the notice says what is proposed is one foot in variance of what the code allows, but what is in reality, only three inches in deviation from what the code allows. And no one complained about it being a foot beyond, and it's only three inches, then I think we can proceed with the notice that's out there because it's including -- the notice that's issued includes the zone of what is actuality being proposed. However, there are a number of conversations going on at once right now, which I don't think makes for a clear record, and I don't know myself if what is on the paper is less of a deficiency than is contained in the notice. I would have to rely on you, and out of the respect for the reporter here, the record won't reflect it because there were a lot of conversations going on all at once. Henzi: All right. So, Mr. Coppola, you had the Petitioner in front of you. So 1 think we're all in agreement about the notion of if the -- about the notice. So we could go forward if the notice is actually more -- I'm sorry -- more excessive -- if the deficiency is less. But you mentioned, that perhaps, the deficiency amounts are just wrong as stated on the notice. City of Livonia, Zoning Board of Appeals Page 10 of 19 February 28, 2017 Coppola: Based on what I'm looking at, and again, I'm not an architect or expert, but can't find, in many cases, the dimensions that are in the notice that are that are -- that are on this plan. In addition, they're asking for a deficiency for a building that isn't included on the notice, which is the one-story building. And you could argue that it asked for a deficiency for a two-story building. There isn't a two-story building. I think we can look passed that with some clarification, and the deficiency on that building is -- is less than what is listed on this notice. I think, however, with the one building missing, not sure if that creates -- if that's the death pill -- kind of--for the whole thing. If we need to re-notice this whole thing. I don't know. Henzi: I mean -- aren't we at a point where we can grant three variances and he's just got to come back for the forth? Coppola: How much -- well -- Henzi: Or we can grant two, and he comes back. Coppola: I don't -- the thing -- I guess I don't know where he wants them to be. Henzi: That's fair. Let me ask you this though. So the carports, though, it's very hard to decipher. Did you get a satisfactory answer as to which carports we're talking about? Coppola: Yeah. It's the carports that are on the northwest side. So there's two sets of carports for Building 4 and Building 7, which showed deficiencies of greater than --greater than the ten feet that was listed on the notice. Henzi: Ah. Coppola: One's not measured out, but I'm assuming they're the same distance in there. I'm going to assume just based on -- on the layout, that both those carports are deficient by 19 feet. Henzi: So to the Petitioner representatives, I'll allow you to weigh in on this, but do you understand where we're coming from? J. McCann: Yeah, 1 understand what the notice, and if we find that the notice was incorrect then the Engineering Department can make sure it gets corrected and move forward. But 1 guess since we have everybody here tonight, Mr. McCann flew from Florida and missing a golf game to be here. We would go through any questions you have about the proposed site. You know-- as we say, we back up to a cemetery and to a bus storage yard. So really, to describe what we're to do is go onto the one--story up front, go to the three-story, and the go to the four-story. We're trying to keep as far back the larger buildings from the main road. So we expand the footprint a little bit. We also wanted to City of Livonia, Zoning Board of Appeals Page 11 of 19 February 28, 2017 keep the buildings to the west -- to keep as many trees -- to the south -- the southwest corner. So that we have as many trees between us and the -- and keep it as natural there. We are asking for the hardship because we're really trying to keep that plain of site from Farmington Road, which is where most people will ever see this -- this being leveled off and going back. We feel that there's a real need for this type of community thing for 55 year and older. Our senior center--we're becoming one the oldest retirement communities in the county. If you look around, I think the last census showed we are the oldest retirement community north of the Mason-Dixon Line. Ours has gotten over 60 years old as an average. So our community people built here in the 60's, 70's, and then never moved. So the point is we do need this. We feel that this site would lend itself being across from the Police Department, City Hall, the Senior Center, and everything else. So that's why we're asking for the deficiencies on these signs. We're trying to make sure we have enough carports for everyone, and we're looking at improving those as well. We need to get the site moving. That's why we're asking for your support. Henzi: I just had a couple of questions if you don't mind. J. McCann: Sure. Henzi: Just in general. So there's this Luther Lane -- there's the Centennial Title building and the other building to the front, and this project goes to the -- to the north of the Centennial Title building, right? Northwest -- J. McCann: Yes. Henzi: So are you going to come in -- you'll come in off Luther Lane. if you go left, you hit Livonia Woods. If you go right, you'll go into your building? J. McCann: Basically, yes. Henzi: Okay. And did your client build Livonia Woods? J. McCann: No. He actually -- some of this property was sold to them originally. Then they purchased it back from this project. He grew up there from the 40's -- 20's -- Phipps: My grandfather wanted -- Henzi: Describe for me the difference between this prototype and user and the person who's at Livonia Woods. Are the facilities similar or dissimilar? McCann: Oh, no. This is for very active adults. We expect them to have a vehicle. We expect them to be driving. We're not supplying any food. There's no food service or anything like that. There's a community center with a pool. There's activities. It's for City of Livonia, Zoning Board of Appeals Page 12 of 19 February 28, 2017 those people that are empty-nester's that have a cottage up north and they'll be going down south for a period of time, and want a place in their community. That's why we're doing 55 and older -- where they can come, they can be around a community, but they don't want to have all the additions of the home, the maintenance, and all the care that goes with it. Henzi: Okay. Thank you very much. Any questions? Coppola: Mr. Chair. Henzi: Mr. Coppola. Coppola: Just out of curiosity, so -- so what happens if you have a 55 an older requirement, what happens if occupancy doesn't reach what you want it to be based on that demographic, so what do you? Does it -- I mean -- does it have to be -- you say it's -- and that's just based on your designation, could that change? I mean -- could you start leasing to -- to young kids? J. McCann: No. Well the problem is, because of your current leases and your designated as that, you would have to completely de-lease it to change it because everybody's going in there on the condition that it's 55 and older. So -- so the idea of trying to change that would be legally very difficult. There -- I don't know that they put any conditions within the property on that point, but once you start that program, and you lease it as such, it would be extremely challenging to try and change. It would have to become de-leased and redo what you're doing. And Mr. Phipps is correctly stating, if we're going to do phases to build it up. They've done -- they've had professionals look at, and studies, and they said yes, there's a true demand for that type of thing. Henzi: Any other questions? Baringhaus: Mr. Chairman. Henzi: Mr. Baringhaus. Baringhaus: So these are all rental properties? McCann: Yes. As a matter of fact, 1 talked to experts in the area because the -- people are kind of shying away from condominiums and the associations (cannot hear the speaker). Baringhaus: Okay. Thank you. City of Livonia, Zoning Board of Appeals Page 13 of 19 February 28, 2017 McCann: May I ask, without a vote, but I there would be no reason for Mr. McCann, if came back on the next hearing date. If there are any questions you have, you can certainly contact me at my office once we get the correct -- Henzi: I mean -- we can go around the Board -- I mean -- I'll start for one. I think it's a very reasonable request. Your -- your rationale for asking for the variance -- you butt up against a cemetery and LPS bus depot. I mean -- that's perfectly fine for me. In fact, I'd be willing to approve it as presented, but for the fact that we've got an erroneous notice, but I'll ask the Board Members. Is there anything you want to ask the Petitioner or his representatives, and then anyone can make comments? Schepis: Mr. Chairman. Henzi: Mr. Schepis. Schepis: I have a question about the carports. I guess it would be the rear -- the rear yard setback for the carports. I think it's along the -- behind building six and seven. (Discussion amongst Board and the Petitioner, unclear record) Goldstein: Mr. Chair. Henzi: Mr. Goldstein. Goldstein: I just want to remind the panelist and the citizens, that there is no record being made at these discussions right now because you're all too quiet and talking over each other, and if you don't have any problem with that, we don't. I just wanted -- for the frustration of the diligent court reporter who is going to do her very best to try to make that record. I just wanted to remind you all of that. Henzi: I'm sorry, Beth, I forgot to tell you earlier to just stand down during this. But because this is so technical, I mean -- it makes sense to bring him up here, off the record. McCann: Was Mr. Schepis's question answered? Schepis: No. It was not answered. McCann: So the question addresses was just those that -- the south side? Schepis: Right. Yeah -- I just -- I don't -- Pastor: Jimmy, for expedience sake, it appears that the setback line is 50-60 feet off the back-property line, and there are carports in front of that that are closer to the property line approximately 50 feet. So the way this is written is these carports here City of Livonia, Zoning Board of Appeals Page 14 of 19 February 28, 2017 would have a only 10 foot instead of 50 or 60, whatever the variance calls for -- or the ordinance calls for. McCann: From the carport? Pastor: From the carport, yeah. McCann: But that -- and this is -- would be the west property line that we're talking about? Pastor: This would be -- yes. McCann: I'm not sure. I don't think that was considered -- Pastor: But you also have -- (Discussion between Board, unclear record) Pastor: We figured it out. It's backwards in the notice. McCann: Okay. Henzi: Yeah, we've confirmed -- the public thinks that it's a 10-foot deficiency. It's really a 40-foot deficiency. McCann: On the carports, not on the buildings? Henzi: Right. Coppola: But there's a shorter deficiency on the carports to the north. McCann: Right. Coppola: We have several -- McCann: Corrects that need to be put out there. Henzi: So, Scott, if you can go back -- I mean -- if you could ask if these be identified per building, or in a more descriptive fashion next time. Kearfott: Want me to talk with Randy? Henzi: Yeah. If you wouldn't mind. Kearfott: So you want all the deficiencies marked a little better -- and corrected? (Discussion, unclear record) City of Livonia, Zoning Board of Appeals Page 15 of 19 February 28, 2017 Henzi: Board Members, anybody else have a comment or question? Mr. Coppola. Coppola: Mr. Chair. Before we close again, I just wanted to make sure that -- that what was approved was correct. Because the fast thing I would to happen is -- is for the Petitioner to proceed, and then someone was against -- against this development to use this complication as an elaborate to slow things down. So I want to make sure we do this right the first time. So I do apologize to the Petitioner, but we do need -- I want to get this right so that we have a clean record and you guys have the right approvals so you can move forward. McCann: And I think some of the problem, and I apologize, Mr. Schepis, to answer your question, originally they weren't going to have carports in that rear area. Therefore, there would be no deficiency, but they're going with a shingled roof carport. They're trying to make it look nice, and they felt that that's really an addition to that, rather than a negative aspect to the facility. Schepis: 4h, yeah. And to be clear, I absolutely agree. I just want to make sure we understood this, again, to avoid a problem for you later and that this done correctly. I absolutely understand. Thank you for -- I understand this now. Thank you for explaining that. McCann: You don't see an issue with the setbacks if they're correctly advertised? Schepis: No, I don't think l do, I can't speak for -- McCann: That's what I'm kind of looking for. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: I think this is a wonderful project. I won't have -- I don't think I can -- unless there's a hundred people out in that crowd, I can't imagine where they'd come from. Maybe they come from the place where the stones are. I mean -- I don't 1 will have much problem with this. So yeah, this looks like a really nice project. McCann: Thank you. Henzi: Anyone else? McCann: Well, I will be back in a couple weeks -- actually, it will be about four weeks now. Thank you. Henzi: Mr. McCann, the carports are all the same, right? City of Livonia, Zoning Board of Appeals Page 16 of 19 February 28, 2017 McCann: Yes. We -- at this point, they'll all be exactly the same. They'll all be shingled and nice. We are looking to see, maybe at some point, which will not affect the setbacks or something, but looking at making some garages. Henzi: Yeah. I think you're better making all carports. I mean -- it would look worse if you didn't have them, I think. McCann: Right. Thank you. Neville: Mr. Chair. Henzi: Mr. Neville. Neville: Presuming that the variances are granted, when do you anticipate breaking ground? Phipps: Well, we're going to start clearing some land here in the next week, I guess. Kearfott: It's almost going to be a two-stage project? Pastor: Yes. Phipps: Yeah. I think everyone knows it. We're only going to -- Phase I would be the community building, the three-story, and the two four-stories. And then after, we're going to build our rentals and then move on to the next four buildings. Neville: My only thought was that, now -- you know -- if you wanted to commence, we could always just waive -- assuming that we grant the variance -- waive the five-day requirements so he can -- Henzi: So you can get on the March 28th agenda. You got to call Marilyn by March 3rd, which is Friday, right? McCann: Right. Call Marilyn. But when does the notice go out because we have to have the Engineering Department look at the -- Kearfott: I don't see why not -- (Discussion, unclear record) Henzi: Are there any other comments, or does somebody want to make a motion? Pastor: Mr. Chair. City of Livonia, Zoning Board of Appeals Page 17 of 19 February 28, 2017 Upon Motion by Pastor and supported by Neville, it was: RESOLVED: APPEAL CASE NO. 2017-02-12,An appeal has been made to the Zoning Board of Appeals by David Phipps, 3699 Vorhies, Ann Arbor, MI 48105, on behalf of Lessee Aletha Senior Apartments, 14931 Farmington, Livonia, MI 48154, seeking to construct four (4) multi-story buildings and carports, resulting in deficient side and rear yard setbacks. Side Yard Setback for the Two-Story Buildings: Required: 50 ft. Proposed: 24 ft. — 31 ft. Deficient: 19 ft. --26 ft. Side Yard Setback for the Four-Story Buildings: Required: 60 ft. Proposed: 55.7 ft. — 58.9 ft. Deficient: 4.3 ft. — 8.9 ft. Rear Yard Setback for the Carpo Required: 50 ft. Proposed: 40 ft. Deficient: 10 ft. The property is located on the west side of Farmington (14931), between Five Mile and Lyndon, Lot. No. 081-99-0018-000, R-9 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 29.05(3)(x), and (3)(b)(2), "Establishment of Area, Bulk and Placement Regulations," be tabled to allow the City to send out the proper notices to the public. ROLL CALL VOTE AYES: Schepis, Neville, Klisz, Coppola, Pastor, Henzi, Baringhaus NAYS: None ABSENT. None Henzi: So this is tabled. Like I said, call by Friday -- March 28th is the only date. McCann: Wonderful. I'll call by Friday. Henzi: Is there a motion to approve some Minutes. Baringhaus: Yeah, Mr. Chairman. City of Livonia, Zoning Board of Appeals Page 18 of 19 February 28, 2017 Henzi: Mr. Baringhaus. Baringhaus- Motion to approve Minutes from January 10, 2017 meeting. Klisz: Support. Henzi: Moved by Mr. Baringhaus. Support by Mr. Klisz. And then we are there were three extensions. Three people who missed --- yeah, so Mr. Pastor, Schepis, and Coppola are going to abstain. So then the ether four of us, Henzi, Baringhaus, Neville, and Klisz will vote. So all in favor say, aye. Board Members: Aye, Pastor: Motion to adjourn. Schepis: Support. Henzi: Moved by Mr. Pastor to adjourn. Support by Mr. Schepis. All in favor say, aye. Board Members: Aye, Henzi: m'e're adjourned. There being no further business to come before the B ard, the meeting was adjourned at 7:48 p.m. fJ14, M tt enzi, Chairman I i A,4 Jim I aring aus, Secretary /ban City of Livonia, ,Zoning Board of appeals Page 19 of 19 February 28, 2017