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HomeMy WebLinkAboutZBA MEETING 2014-10-21 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A SPECIAL MEETING HELD OCTOBER 21, 2014 A Special Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Gallery of the Livonia City Hall on Tuesday, October 21, 2014. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Robert Bowling Benjamin Schepis MEMBERS ABSENT: Jason Rhines Robert Sills Craig Pastor OTHERS PRESENT: Don Knapp, City Attorney Dennis DeMeyer, City Inspector Patricia C. Burklow, CER-8225 The meeting was called to order at 7:00 p.m. Chairman Henzi then explained the Rules of Procedure to those interested parties. Each petitioner must give their name and address and declare hardship for appeal. Appeals of the Zoning Board's decisions are made to the Wayne County Circuit Court. The Chairman advised the audience that appeals can be filed within 21 days of the date tonight’s minutes are approved. The decision of the Zoning Board shall become final within five (5) calendar days following the hearing and the applicant shall be mailed a copy of the decision. There are four decisions the Board can make: to deny, to grant, to grant as modified by the Board, or to table for further information. Each petitioner may ask to be heard by a full seven (7) member Board. Four (4) members were present this evening. The Chairman asked if anyone wishedto 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 10 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 29 October 21, 2014 APPEAL CASE NO. 2014-10-54: An appeal has been made to the Zoning Board of Appeals by Wendi Murray, 20693 Josie Court, Livonia, MI 48152, seeking to construct a covered rear patio addition, resulting in deficient rear yard setback. Rear Yard Setback: Required: 35 ft. Proposed: 25 ft. Deficient: 10 ft. The property is located on the west side of Josie Court (20693) between Sarah Beth and cul-de-sac, Lot No. 014-08-0003-000, R-4 Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 4.05, “Schedule of Minimum Front and Rear Yard Requirements in R-1 through R-5 Districts.” Henzi: Mr. DeMeyer, anything to add to this case? DeMeyer: Not at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Bowling: Mr. Chair. Henzi: Mr. Bowling. Bowling: I was just wondering, looking at the properties there the property south has a real large patio that looks like it probably that goes into that area past that, is that one that was granted for a variance do you know? DeMeyer: I don’t know. Bowling: Don’t know. DeMeyer: I know that this one had a previous variance for the fence and the pool. Bowling: Okay. DeMeyer: I wasn’t--I didn’t check that one. Bowling: Okay. I guess the other question I have is does anything have to do--or is there any stricter policy because this one has a roof that is proposed versus the patio that’s not covered? DeMeyer: Yes. Bowling: Okay. DeMeyer: That would be a covered porch, that’s what they are coming here for. Bowling: Okay, so that is a different variance or a different code? DeMeyer: That is correct. Bowling: Okay, thanks. City of Livonia, Zoning Board of Appeals Page 2 of 29 October 21, 2014 Henzi: I think I can add to that because there’s been lots of applications for variances for this subdivision and there are--I can think definitely of two others where there were the big stone porches but they have a covered pergola and or roof. And those definitely had variances. Bowling: Okay. Henzi: And they are both on Sarah. Bowling: The main street coming in? Henzi: Yeah. But this one, the one you are talking about I don’t remember ever hearing. Bowling: Okay. Henzi: I think specifically because it did not have a roof. Bowling: Okay. Henzi: Will the petitioner please come forward? Wendi Murray: Good evening. Henzi: Good evening. Wendi Murray: I am Wendi Murray, this is my son Matt Murray. I thought this might be a great experience to see how City government works. My address is 20693 Josie Court. Henzi: Okay, tell us about the proposed addition. Wendi Murray: Well part of our problem is we have a lot that is considered double frontage. So right when the home was built the envelope for the home didn’t meet your requirements so Infinity Homes said at that point ask for a variance. So now anything we do in our yard doesn’t meet your requirements. So last year we came here for the pool and you approved it, thank you very much we loved it. Now we want to put a covered porch because of the way the sun comes in--the westward sun. It’s difficult to enjoy it, it is very hot out there. He does his homework out there. We do a lot of reading in the summer and fall and spring. It would definitely add more hours of enjoyment to our property if this was approved. Henzi: I have a couple questions. I think--when I think back to the pool, one of your arguments was we’ve got a hardship because of the shape of the lot, it is not as deep as if it had been--we don’t have the side yard setback capability but also we are pushed back towards the back.? Wendi Murray: Correct, so my house is cattywampus on the property so the back of my house faces Eight Mile sort of sideways so it looks as if I have--my front yard is Eight Mile and my front yard is Josie Court. Henzi: Okay. And then can you tell us about the building materials? Wendi Murray: Sure. I’m sorry that should have been included in your packet. Henzi: Well there is a photograph of an awning--not an awning but a roof addition. City of Livonia, Zoning Board of Appeals Page 3 of 29 October 21, 2014 Wendi Murray: Okay, it is made of timber gables that are wrapped in cedar, it’s a cedar ceiling with timber beams at the posts. Shingles will match our current roof. There will be gutters and downspouts and stained on the outside. I can pass this if you want to see it. Henzi: Is that the exact--what is shown in the photograph is that the exact type of finishing? Wendi Murray: Very similar, this is a friend of ours who had this patio structure. This is not my patio this is hers. Henzi: Okay. Any questions for the petitioner? Wendi Murray: But that’s the same materials that would be used. Henzi: Thank you. Any questions? I have one more. You did get approval from the Homeowner’s Association right? Wendi Murray: I did and I have that here if you would like to see it. Henzi: Sure. Wendi Murray: Okay, and it is signed by the president of the association. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: I see I have no letters for the--for or against your project have you talked to any of your neighbors regarding this? Wendi Murray: Yeah, my neighbor behind us is fine with it and my neighbor to the south of me--to the south of me-- Caramagno: South of you yeah. Wendi Murray: --yeah and then the other side is Eight Mile. Caramagno: Okay, so no-- Wendi Murray: No objections. Caramagno: --comments? We didn’t get anything and it is rare that we didn’t get anything but that must mean they like it. Wendi Murray: We keep our home well maintained. Caramagno: Oh yes. Henzi: Anything else? Hearing none, is there anyone in the audience who wants to speak for or against the project? If so, come on up to the table. I see no one wants to come forward and there’s no letters? Caramagno: No letters. Henzi: Mrs. Murray, anything you want to say in closing? City of Livonia, Zoning Board of Appeals Page 4 of 29 October 21, 2014 Wendi Murray: I think I’ve said my peace, thank you. Henzi: Thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Schepis. Schepis: I think I would support this given the nature and layout of your yard. I can see where it would be difficult to make additions that would probably normally would be able to do without a variance. And I think what you have presented looks really nice. Wendi Murray: Thanks. Henzi: Mr. Bowling. Bowling: I’m in agreement and I think it looks great from the pictures that you’ve shown and it’s going to fit with the neighborhood and be a nice improvement. Wendi Murray: Thank you. Henzi: Mr. Caramagno. Caramagno: Well you’ve got a peculiar lot--yard with the frontage to Eight Mile Road and obviously this is a different--a different kind of a lot--lot setting. The thing that I think impresses me most is you don’t have any letters that are not in support of this. Well two things impress me, that and the fact that you’ve got the Subdivision Association to sign off on this because we’ve seen many cases in this subdivision and they wouldn’t sign off- - Wendi Murray: I understand. Caramagno: --on a light on your porch let alone of anything else. So if they are in support I’m in support. Wendi Murray: There is a new Board since probably the one that you are speaking of. Caramagno: Something has happened. Wendi Murray: Yes. Henzi: I agree with Mr. Caramagno whole heartedly. There’s a very strong Homeowner’s Association in this subdivision and if it approves it then I am all for it. The peculiarity of the lot shape is a hardship so I would vote yes. So the floor is open for a motion. Schepis: Mr. Chairman. Henzi: Mr. Schepis. Henzi: Would you tell us your names and addresses? Upon Motion by Schepis supported by Bowling, it was: RESOLVED, APPEAL CASE NO. 2014-10-54: An appeal has been made to the Zoning Board of Appeals by Wendi Murray, 20693 Josie Court, Livonia, MI 48152, seeking to construct a covered rear patio addition, resulting in deficient rear yard setback. City of Livonia, Zoning Board of Appeals Page 5 of 29 October 21, 2014 Rear Yard Setback: Required: 35 ft. Proposed: 25 ft. Deficient: 10 ft. The property is located on the west side of Josie Court (20693) between Sarah Beth and cul-de-sac, Lot No. 014-08-0003-000, R-4 Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 4.05, “Schedule of Minimum Front be granted for the following and Rear Yard Requirements in R-1 through R-5 Districts,” reasons and finding of fact: 1. The uniqueness requirement is met because the layout of the property requires a variance. 2. Denial of the variance would have severe consequences for the Petitioner because the petitioners will lose use and enjoyment of their yard. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because petitioners have support of their neighbors and the Homeowner’s Association. 4. The Board received no letters of approval and no objection letters from neighboring property owners. 5. The property is classified as “low density residential” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That patio structure shall be constructed as presented and built utilizing the materials referenced in the petition and discussed in further detail at the meeting. 2. That the structure be completed by July, 2015. 3. That the structure may not be enclosed. ROLL CALL VOTE: AYES: Schepis, Bowling, Caramagno, Henzi NAYS: None. ABSENT: Sills, Rhines, Pastor City of Livonia, Zoning Board of Appeals Page 6 of 29 October 21, 2014 Henzi: The variance is granted with those three conditions. You’ve got to build it as you presented both in your packet and tonight. It is good through July, 2015. That means that you’ve got until then in which to construct it and it doesn’t mean that it ends on that date-- Wendi Murray: Okay. Henzi: --after you’ve built it. Wendi Murray: I understand. Henzi: And then you can’t enclose it. Wendi Murray: I understand. Henzi: Good luck, thank you. Wendi Murray: Thank you. Sir, do you mind handing me that piece of paper with the post it? Thank you. Thank you very much. City of Livonia, Zoning Board of Appeals Page 7 of 29 October 21, 2014 APPEAL CASE NO. 2014-10-55: An appeal has been made to the Zoning Board of Appeals by Allan and Bonnie Prendergast, 30618 Elmira, Livonia, MI 48150, seeking to replace an existing fence and extend the new privacy fence into the side yard upon a corner lot, resulting in excess privacy fence height and extending such fence in the side yard, which is not allowed. Privacy Fence Height in the Corner Side Yard: Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the north side of Elmira (30618) between Milburn and Sunset, Lot No. 138-02-0038-000, R-1B Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090A,4(a),bii and 15.44.090B, “Residential District Regulations,” Henzi: Mr. DeMeyer anything to add to this case? DeMeyer: The department has nothing to add at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Hearing none, will the petitioners please come to the table? Good evening. Allan Prendergast: Good evening, gentleman. I’ve put together a packet this might be able to navigate us through possibly--hopefully. Henzi: Can you tell us your names and address? Allan Prendergast: Al Prendergast, 30618 Elmira. Henzi: Go ahead. Prendergast: The front picture is the part in question here or the proposal. If you look at the picture there is a glass block window at the bottom left, that’s where we propose the fence to come straight out from the sidewalk from there and then continue down where we had the existing fence that blew over in the storm. The next page I think you might have the plot--the property plot there. We’re proposing to go with white vinyl fencing on that because I think it would enhance the neighborhood coming into the subdivision there. The first one 30657 Grandon is the most recent one and that’s exactly what we propose to have on ours but with vinyl--maintenance free. And the other pictures are corner lots with six foot fencing. And the last page is from my neighbor directly across the street stating he is okay with it. Henzi: Anything else? Prendergast: The reason I want to do this is protection and safety of my family. I work nights, all hours--you know three--four o’clock in the morning I am at work. There seems to be a lot more foot traffic coming down that street. Just safety and protection for my family is why I am proposing this. City of Livonia, Zoning Board of Appeals Page 8 of 29 October 21, 2014 Henzi: You talked about bringing it--you referenced the glass block window, do you want to bring it to which direction of the glass block window? Prendergast: Just to the left of it. I don’t want to eliminate the downspout and that tree that is there. Henzi: Okay. And then you’ve dealt with Sergeant Boitos right? Prendergast: Yes. Henzi: And-- Prendergast: My wife has talked to him I was at work. Henzi: Okay, but your plan is revised in accordance--you have no problems with what he suggested right? Prendergast: No, if--no. Henzi: Okay. Prendergast: If this is not--if we can’t go this route then we’re satisfied with his recommendation. Henzi: How often does AT&T have employees working there on those-- Prendergast: Sir, they are there twenty-four seven. They are there all the time. Sometimes two three cars, loud music, they are talking loud on their phone. They’ve come up to the side of my house and leaned up against it and had their lunch and smoked cigarettes. And at one time they had a training group of twenty-five guys and they were all leaning up against my house there. But now they are there all the time banging those doors. That one to the right, the smaller box hums like an air conditioner. Henzi: Any questions for the petitioner? No? Is anybody in the audience that wants to speak for or against the project? If so, come on up. Good evening. Jones: Good evening. Ryan Jones, 30573 Elmira. And I would like to approve the fence addition. There are many reasons why. Milburn itself is a--since I moved in this is my third year at the residence and there is a lot of traffic that does come in off of Plymouth Road onto Milburn. That is the number one reason I wanted to show up just to--you know people don’t realize just how busy that actually is--how much traffic comes in there. AT&T really is there all the time. I’ve had AT& T come out for service because they are always telling me that there are problems with that box. They are always there. And when they say four or five times a day that is not a joke. I mean they are there all the time. The guy that comes out to service my house that’s the box they have to go to and he is there working on for at least a half an hour for small repair issues. As far as the height is concerned I am completely fine with that especially coming off--like I said it is a little bit busier so five foot isn’t really going to do it justice like a six foot would. And that’s about it. Henzi: Thank you. Anybody else? Seeing nobody else coming forward are there letters? City of Livonia, Zoning Board of Appeals Page 9 of 29 October 21, 2014 Caramagno: Yes, we’ve got approval letters from Brandon Wallot, 30636 Elmira (letter read), Dean Mester, 11315 Flamingo (letter read), Shirley Jarrett, 35083 Elmira (letter read), Elizabeth Witkowski, 11305 Milburn (letter read). Shirley Kalinovik, 11326 Milburn (letter read) and Matthew Stoops, 30590 Elmira (letter read). Henzi: Mr. Prendergast, anything you want to say in closing? Prendergast: No, sir. Henzi: Okay, thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Bowling. Bowling: I think your plan makes a lot of sense. The only question I would have I think it makes a lot of sense if Sergeant Boitos is recommending that it not come quite so far for vehicle traffic--that makes sense. Prendergast: Right. Bowling: I think other than that I am in support. You obviously have the need and you have the hardship with the constant work there all the time. Henzi: Mr. Caramagno. Caramagno: Yeah, this is fairly reasonable it is just replacing the wooden fence, bringing up a little bit and your reason for wanting to come forward is clear to me. When I stepped out of the car earlier I could that hear that little machine humming and it probably drives you crazy in the summertime. You’ve got six letters of support and Sergeant Boitos has also reviewed and finds it acceptable and so will I. Henzi: Mr. Schepis. Schepis: I agree, I think there is a strong case to have a little bit more privacy and a little bit of hopefully protection from sound both from sort of the main thoroughfare and from the AT&T boxes out front. So if it were completed as Sergeant suggested I would support it. Henzi: I too will support it. You know Milburn is heavily trafficked. You have Devonnaire at the end of the street. There’s foot traffic, there’s vehicle traffic and there’s lots of corner side yard fences throughout that sub. I’ve no problem, I think it is going to look great. So the floor is open for a motion. Bowling: Mr. Chair. Henzi: Mr. Bowling. Upon Motion by Bowling supported by Caramagno, it was: RESOLVED, APPEAL CASE NO. 2014-10-55: An appeal has been made to the Zoning Board of Appeals by Allan and Bonnie Prendergast, 30618 Elmira, Livonia, MI 48150, seeking to replace an existing fence and extend the new privacy fence into the side yard upon a corner lot, resulting in excess privacy fence height and extending such fence in the side yard, which is not allowed. City of Livonia, Zoning Board of Appeals Page 10 of 29 October 21, 2014 Privacy Fence Height in the Corner Side Yard: Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the north side of Elmira (30618) between Milburn and Sunset, Lot No. 138-02-0038-000, R-1B Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090A,4(a),bii and 15.44.090B, be granted in part for the following reasons and “Residential District Regulations,” finding of fact: 1. The uniqueness requirement is met because the property is a corner lot and is exposed to excessive foot and vehicle traffic from local residents and utility workers. 2. Denial of the variance would have severe consequences for the Petitioner because the Petitioners will lose use and enjoyment of their yard due to the excessive vehicle and foot from residents and utility workers. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because petitioners have support of their neighbors. 4. The Board received six letters of approval and no objection letters from neighboring property owners. 5. The property is classified as “low density residential” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That fence be installed as presented both verbally and in writing. 2. That the fence be installed within six (6) months. 3. That the fence be designed and installed in accordance with the recommendations of Sergeant J. Boitos of the Livonia Police Department. ROLL CALL VOTE: AYES: Bowling, Caramagno, Schepis, Henzi City of Livonia, Zoning Board of Appeals Page 11 of 29 October 21, 2014 NAYS: None. ABSENT: Sills, Rhines, Pastor Henzi: The variance is granted with three conditions. You’ve got to construct it as presented in both materials and placement. And then it is going to be in accordance with Sergeant Boitos’ recommendations. And it is good for six months. Now do you want us to consider waiving the five day waiting period to get a permit? I mean are you looking to dig footings tomorrow? Prendergast: No, I’m going with a company Anchor Fence so I’ve got to get back with them and go with them. So the next process is to get the permit correct? Henzi: Yes. Prendergast: I have to wait five days is that what you are saying? Henzi: Yes. Prendergast: Okay, that’s probably right in the realm of time wise, that will work. Henzi: Okay. Prendergast: Thank you. Henzi: Good luck to you. Prendergast: Thank you gentlemen. City of Livonia, Zoning Board of Appeals Page 12 of 29 October 21, 2014 APPEAL CASE NO. 2014-10-56: An appeal has been made to the Zoning Board of Appeals by Paul V. Dostal, 15430 Edington St., Livonia, MI 48154, seeking to construct a covered front porch onto a nonconforming dwelling, resulting in deficient front yard setback, and constructing an addition to a detached garage, resulting in excess garage area. Nonconformity is based on the existing front yard setback of 35 feet where 40 feet is required. Front Yard Setback: Detached Garage Area: Required: 40 ft. Allowed: 660 sq. ft. Proposed: 29 ft. Proposed: 735 sq. ft. (493 sq. ft. existing) Deficient: 11 ft. Excess: 75 sq. ft. The property is located on the east side of Edington (15430) between Five Mile and Roycroft, Lot No. 064-01-0369-000, R-4B Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10(5), “Definition of Miscellaneous Terms” and Section 5.05, “Front Yard.” Caramagno: Paul Dostal. Dostal? City of Livonia, Zoning Board of Appeals Page 13 of 29 October 21, 2014 APPEAL CASE NO. 2014-10-57: An appeal has been made to the Zoning Board of Appeals by Jeff Belanger, 20308 Parkville, Livonia, MI 48152, seeking to construct a detached garage while maintaining an attached garage, resulting in excess number of garages, garage area and excess detached garage height. Number of Garages: Garage Area: Detached Garage Height: Allowed: One Allowed: 720 sq. ft. Allowed: 16.0 ft. Proposed: Two Proposed: 1,385 sq. ft. Proposed: 17.5 ft. (425 sq. ft. existing) Excess: One Excess: 665 ft. Excess: 1.5 ft. The property is located on the east side of Parkville (20308) between Bretton and Morlock, Lot No. 002-01-0396-002, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10(5), “Definition of Miscellaneous Terms” and Section 18.24, “Residential Accessory Building.” Henzi: Mr. DeMeyer, anything to add to this case? DeMeyer: Not at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Okay, go ahead Mr. Belanger. Belanger: My name is Jeffrey Belanger, 20308 Parkville. I would like to construct a second garage for my backyard. I have over a half acre lot so I have plenty of space for it. Plus my neighbor next door also has a garage the exact same size without the--I was going to have an overhang built on one side of it. But that is about it. Henzi: I have a few questions for you unless you had something else? Belanger: Okay. Henzi: I’ll start with the neighbor’s garage. That thing looks pretty old, I imagine it’s grandfathered. It also looks fairly large. Do you know if it required a variance? Belanger: He got a variance for it. It’s--like I said it’s the same size pretty much 20 by 30. Henzi: How long ago do you think? Belanger: Twenty-five, maybe less. Henzi: Okay. And then you want to put yours roughly in the same spot on your lot, right? Belanger: Yes. Henzi: Are you going to have a hard surface leading all the way back? Belanger: No, just--there’s going to be an apron in front of it. Henzi: Okay. City of Livonia, Zoning Board of Appeals Page 14 of 29 October 21, 2014 Belanger: Not really to drive back and forth just something to have in the backyard. Henzi: Can you tell us about the building materials? Belanger: Wood frame, vinyl siding. I just had the roof done on the house so the shingles are going to match. The same--same color siding, concrete pad on side and front. Henzi: And then can you briefly tell us why you need the extra space? Belanger: Just for storage. I also have a summer car, I have a boat and I’d like to keep them in the garage in the off seasons. Henzi: Do you live next door to a relative? Belanger: Yes. Henzi: Okay. Any questions for the petitioner. Bowling: Mr. Chair. Henzi: Mr. Bowling. Bowling: In terms of electrical do you plan on putting in there--are you sticking with 110? Belanger: I need--I’m going to put electrical in but not right now. I need to have my service upgraded in the house first and then have electrical done after that. Bowling: Okay. And can you just tell me a little bit--I just see that the additional height on there--what the reason is for the additional height? Belanger: Because I wanted it to cover the patio on the side there. Bowling: Okay. Belanger: So they had to go a little higher-- Bowling: To get the extension out so it’s not hitting-- Belanger: Yeah. Bowling: Okay. Henzi: Mr. Belanger, I had a couple more questions about your relative’s house. So there was a variance granted it looks like in 1984. Belanger: Okay. Henzi: It looks like--and I--we all drive by the houses but they’ve got a typical two car garage and I think it is measured at 449 square feet something like that. And then they built a 720 square foot detached garage, does that sound right? Belanger: Sure. Henzi: Okay. What’s the square footage of the one that you want to build? Belanger: Well the square footage is the same it’s just when they--when you guys calculate the square footage you calculate it for like the total roof size. So the garage that--the square footage of the garage is actually the same as the neighbors’ but like I City of Livonia, Zoning Board of Appeals Page 15 of 29 October 21, 2014 said I wanted to have the overhang on one side so the square footage that you guys came up with is the whole foot print of the structure not really the inside storage space. Henzi: Do you know what the square footage minus that overhang is? Is it 720? Hall: It’s 660--sorry. My name is James Hall, the builder--potential. Henzi: And you address? Can you say that for the record? Hall: My residence? Henzi: Your business. Hall: 27820 Joy Road, Livonia. Henzi: And that’s just for storage? Belanger: Yeah storage and a little work space. Henzi: Are you going to have a door in the back? Belanger: No, just a front door and a pedestrian door. Hall: The idea for the height--I just--because I wanted to use trusses for the roof system instead of building a frame 22 by 30 garage with a shed roof off the side of it because it would be really flat. So I wanted to just encompass the whole thing that is why it is so tall. But I can lower the pitch if necessary. Henzi: Yeah, I was going to ask you about the height. I’ll be honest with you we rarely allow for the excess height. Is there--I mean here’s your chance to try and convince me why you need seventeen and a half foot in a garage. Hall: Well the reason that I put a five twelve pitch on there--and you should have a copy of the thing I drew out there, I turned it into the City. I drew a five twelve pitch on it because we put the walls on it to be nine feet so we could put an eight foot door on there so he could fit his boat in there. Because on a trailer it is tall--it’s a taller boat so I need eight feet to get the boat in there and I need nine feet to put my header across on top in order for it to work. So in order--because the garage height is--the walls are nine feet which is irregular because it is tall, in order for the roof not to look funny size wise it looks better if the gable kind of is a little bit taller so the--so it doesn’t look like it’s a little roof on top of really tall walls. So it’s just more--to make it look more--not so big I guess maybe from the street. Henzi: It’s not because there is going to be a second floor storage? Hall: Oh no they are standard web trusses. They are webs they go in like this and there is no storage up there. Henzi: Okay. Hall: Twenty-four on center and they are just standard web trusses and I couldn’t--I don’t have the diagram of the actual truss they weren’t able to get it to me in time before I turned this in, but I can produce that if necessary. It’s just a standard W going across there so there is no way to really make a storage out of it. City of Livonia, Zoning Board of Appeals Page 16 of 29 October 21, 2014 Henzi: Okay, thank you. Any questions. Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: How did you determine the size of the garage? I mean how did you determine 30 by 32 is what you were looking for? Belanger: Like I said my neighbor next--my parents live next door to me. Caramagno: Okay. Belanger: Their garage is that size so I just thought it looked uniform having the same size garage next to it. Plus I mean his--you know--he doesn’t really---he has stuff just like I do and his is--storage goes fast. Caramagno: How long have you lived there? Belanger: I grew up in that house for 30 years, I moved to White Lake for a few years, and I just moved back. I just bought the house a couple of months ago. Caramagno: You lived at the house next door? Belanger: For 30 years. Caramagno: So the neighbor house became available and you bought this? Belanger: Yes. Caramagno: Okay. I think I was reading some of the minutes from your parents’ house next door when you were explaining how you intend to get in the back yard to get to this garage? Belanger: I have access on both side of my house to make it back there. But like I said, I don’t plan on driving back and forth there all the time just every once in a while to pull my boat out or put it back away. Caramagno: Is it a--it’s a trailered boat obviously? Belanger: Yes. Caramagno: Is it something you use often? How often do you use it? Belanger: Summertime, but I don’t know maybe once a month. Caramagno: Okay, is your yard--is it--I couldn’t tell--is your yard a dry yard or is it something that gets wet and stays wet? The reason behind these garages and going in the back is if you don’t have a surface to drive on it turns into a two track muddy mess. Belanger: No--no. Caramagno: And that’s--you see probably a couple doors down--no comparison to your place obviously but you see the kind of trouble you start having? Belanger: Yeah--yeah. I wouldn’t drive back there if it was a muddy mess either but yeah it’s not--my parents have never had a problem so. City of Livonia, Zoning Board of Appeals Page 17 of 29 October 21, 2014 Caramagno: How big of an apron are you going to put on the front? Hall: I think 24 feet in front of it. Caramagno: Twenty-four feet-- Hall: Twenty-four feet deep and then by the width of the whole-- Caramagno: So you’ll come to the west 24 feet with the apron on the front of the garage? Hall: Right. Caramagno: From the face of it--from the western face of the garage you’ll come 24 feet? Hall: To the east yeah--is that east? Caramagno: To the west. Belanger: I’d like to put a basketball court there. But like I said it’s the same size out as the neighbors, it’s going to look pretty much uniform. Hall: Yeah, the neighbor has a large apron in front too, 24 feet. Caramagno: It’s hard to see back there. Okay, that’s all I got. Thanks. Henzi: Any other questions? Hearing none is there anyone in the audience who wants to speak for or against the project? If so, come on up. Seeing no one coming forward, can you read the letters? Caramagno: Letters of approval from Joseph Belanger, 20312 Parkville (letter read), Dennis Cogo, 20262 Parkville (letter read), and Ronald Ludlig, 20345 Maplewood (letter read). Belanger: You know my neighbors-- Henzi: Anything you want to say? Go ahead. Belanger: My neighbors behind me there is quite a bit of a drop off behind I mean you really can’t even see their house because the drop off behind him I don’t know if it would really be an issue for them seeing anything. Henzi: How long have you lived there? Belanger: I’m 39, so close to 35 years probably. Henzi: Well when-- Belanger: Oh, this house now? Henzi: Yeah. Belanger: Just a couple of months. Henzi: Oh, okay. Belanger: I think I’ve only made two house payments so maybe three months. Henzi: Okay. Anything else you want to say in closing? Belanger: No, I’m good. City of Livonia, Zoning Board of Appeals Page 18 of 29 October 21, 2014 Henzi: Okay. I’ll close the public portion of the case and begin the Board’s comments with Mr. Caramagno. Caramagno: Well there is certainly no shortage of additional garages on that road of Parkville. This one is getting a little large, yet it’s right next--it’s peculiar it’s right next to your dad’s house or family’s house and have virtually the same thing. It sets back far off the road, you can really hardly see it unless you are looking for it and we don’t have any neighbor disagreement here. So I’ll be in support. Henzi: Mr. Schepis. Schepis: I think I would agree with that. It is pretty big but it is far back off the road and if your neighbors are supporting it and not opposed to it, I would support it too. Henzi: Mr. Bowling. Bowling: I don’t think I have anything to add, I’m in agreement and I think it is built as agreed that you are not going to enclose those additional areas on the outside, it makes sense to me. It fits the neighborhood. Henzi: When I visited the house I did have some heartburn. I thought it was a little too big because we approved a variance down the road and we pared it down to 500 square feet, the request was 683. However, I’m now convinced because part of the square footage has been included as an overhang which is going to be used for storage, I don’t have as much heartburn and I’m willing to grant it. Quite frankly you’re going to have exactly what your next door neighbor has and I don’t think it is going to be out of touch. I do have problems with 17 and a half feet. I can’t go that--I think it’s got to be 16. The minutes suggest that your neighbors’ garage is 14 feet. I think it is out of place to have 17 and a half foot garage. The last thing I will say is it’s a unique street in that there are houses of all different types. There are houses with all different types of garages. These are the kind of lots that deserve second garages so I have no problem with the second garage. The only problem I have is with the height. So the floor is open for a motion. Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Upon Motion by Caramagno supported by Bowling, it was: RESOLVED, APPEAL CASE NO. 2014-10-57: An appeal has been made to the Zoning Board of Appeals by Jeff Belanger, 20308 Parkville, Livonia, MI 48152, seeking to construct a detached garage while maintaining an attached garage, resulting in excess number of garages, garage area and excess detached garage height. Number of Garages: Garage Area: Detached Garage Height: Allowed: One Allowed: 720 sq. ft. Allowed: 16.0 ft. Proposed: Two Proposed: 1,385 sq. ft. Proposed: 17.5 ft. (425 sq. ft. existing) City of Livonia, Zoning Board of Appeals Page 19 of 29 October 21, 2014 Excess: One Excess: 665 ft. Excess: 1.5 ft. Granted: 16.0 ft. The property is located on the east side of Parkville (20308) between Bretton and Morlock, Lot No. 002-01-0396-002, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10(5), “Definition of Miscellaneous Terms” be granted in part for the and Section 18.24, “Residential Accessory Building,” following reasons and finding of fact: 1. The uniqueness requirement is met because due to the size of the property the petitioner is in need of extra storage for lawn equipment and a boat. 2. Denial of the variance would have severe consequences for the Petitioner because the Petitioner would not be able to store his lawn equipment and boat. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the Petitioner has support of his neighbors and in that his neighbor has a similar garage. 4. The Board received three letters of approval and no objection letters from neighboring property owners. 5. The property is classified as “low density residential” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the garage be constructed as presented both verbally and in writing. 2. That the height of the garage shall not exceed sixteen (16) feet. 3. That the garage be constructed and enclosed within one (1) year. 4. That a twenty-four (24) foot approach be installed. 5. That the overhang of the garage shall not be enclosed. 6. That 220 volt service shall not be installed; but rather, the garage may only have standard 120 V service. City of Livonia, Zoning Board of Appeals Page 20 of 29 October 21, 2014 ROLL CALL VOTE: AYES: Caramagno, Bowling, Schepis, Henzi NAYS: None. ABSENT: Sills, Rhines, Pastor Henzi: The variance is granted. You’ve got to build it as presented except for the height that we talked about sixteen feet with a 24 foot apron we’ve already talked about. Standard electrical is something we always require. To not enclose we are talking about just the carport part. And then it’s good for one year but that means you’ve got one year in which to build it, it doesn’t expire. Belanger: Okay, thank you. Hall: Thank you. Henzi: Good luck, thanks. City of Livonia, Zoning Board of Appeals Page 21 of 29 October 21, 2014 APPEAL CASE NO. 2014-10-58: An appeal has been made to the Zoning Board of Appeals by Ray and Ann Marie Downey, 29138 St. Martins, Livonia, MI 48152, seeking to construct an attached garage addition while maintaining an accessory building (i.e. shed), resulting in excess garage area. Attached Garage Area: Allowed: 720 sq. ft. Proposed: 1,532 sq. ft. (882 sq. ft. addition) Excess: 812 sq. ft. The property is located on the north side of St. Martins (29138) between Parkville and Middlebelt, Lot No. 003-01-0436-004, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10(5), “Definition of Miscellaneous Terms.” Henzi: Mr. DeMeyer, anything to add to this case? DeMeyer: Not at this time, Mr. Chair. Henzi: Any questions for the Inspection Department? Hearing none, good evening. Ann Marie Downey: Good evening. Henzi: Can you tell us your name and address? Ray Downey: Ray Downey, 29138 St. Martins. Ann Marie Downey: Ann Marie--sorry--Ann Marie Downey, 29138 St. Martin Street. Henzi: Okay, tell us about the proposed addition to the garage. Ray Downey: It’s going to be an addition onto what I have. And I have a handicap van and of course with Michigan’s weather--you know--with the snow and stuff I can’t get out there that much to clean it off and get around it with the snow. And also I have some outside equipment I use to maintain the property with also. And being that it’s attached- -now you said in the thing--go ahead you can do it. Ann Marie Downey: We were actually requesting 900 square feet for the building. We have an existing garage right now of 450 square feet. We wanted to add 900 to it just so we can accommodate both the van--you know because of the wheel chair lift it’s almost like two vehicles. Once you-- Ray Downey: It comes out on the side of it not the back. Ann Marie Downey: But we also have a John Deere tractor that we maintain the property with. We are on almost an acre of land and what we proposed was to build onto the attached garage that we have for our home. So it would just--all it would do is just be-- Ray Downey: It would be extended off the existing but the existing garage does not face St. Martins if faces--you know like if you were to come off of the main street you would City of Livonia, Zoning Board of Appeals Page 22 of 29 October 21, 2014 just go right through the back yard. So you don’t see it. Then it will be added to the back of that so you won’t even see that. Ann Marie Downey: Exactly. Henzi: So you are saying if we’re adding onto an attached garage we should be allowed 900? Ann Marie Downey: We would like 900 but I see in here in the letter-- Ray Downey: You said-- Ann Marie Downey: --that it was allowed 720, the proposed was 1532 which was an excess of 812. I was doing the math and if we were requesting 900 the existing garage is 450 and of course there’s the shed that is back there--way in the back 40--and that’s a 114 it’s a total 1464 square feet. Which I know is still in excess but that’s what we are asking. But if you had allowed 720 with our existing garage plus the shed that would 1284 square feet. But the letter says it would be like 1532, so I don’t know where that came in at, but anyways. Henzi: First, if it’s attached you get 900 square feet. If it is detached like the last petitioner you get 720. Ann Marie Downey: Okay. Henzi: So whatever you are going to build I think the point you are trying to make is we are not as excess-- Ann Marie Downey: Okay. Henzi: --we are not as excessive as the letter reads, that’s your point right? Ann Marie Downey: Oh, okay. I was a little confused on that. Henzi: Because you are not making two garages you are making one bigger. Ann Marie Downey: Yeah we are just extending the garage is what we are doing. Henzi: Okay, do you have a builder? Ann Marie Downey: Yes, it is Dave Bongero, our contractor. Bongero: Dave Bongero, Bongero Construction. You know and if I will, they have a handicap van and it has the high top on it. They can’t get in their garage because the existing garage is a seven foot door so it won’t go in. The new garage is going to have an eight foot door so it will fit in and it’s got the drop down side. And their current garage is side entry so I think that is what Ray was trying to explain. You are not going to see the garage door from the street because it’s a side entry garage. So we are basically going to add on basically the same garage but back further and a little bit larger. Ann Marie Downey: Right. And we’ll make it look as if it was already preexisting. Take the brick off from the side and then bring it to the front so that it all looks the same. Because this house originally was his aunt and uncle’s and we are the second owner. The house was built in 1956 and so I don’t think we will get the same kind of brick. City of Livonia, Zoning Board of Appeals Page 23 of 29 October 21, 2014 Ray Downey: To match. Ann Marie Downey: Yeah, to match. So we kind of want to make it look the same so they are going to do their best to make it look as if it was existing. Henzi: Dave, I had a question for you. Bongero: Sure. Henzi: So you’ve got this issue is it attached or detached maybe it doesn’t even matter? Bongero: It’s attached. Henzi: I mean can you--will you be able to go in the new bays and walk into that structure into the old garage? Bongero: We kind of considered that to cut an archway through so they can get from-- because the one that’s attached now they have a hallway that leads to it so they can walk under completely enclosed space in the winter time to get to the new garage. Yeah we were talking about doing that. Henzi: Okay. Bongero: I don’t know it might be on the blueprint. I don’t know if Rob put it on there, but it could be on there. Ray Downey: Right now at the backside of it there’s a--I don’t-- Bongero: There’s a window--there’s a window in it. Henzi: Okay, I see it now. Ray Downey: It’s a long window. Henzi: To make an arch. Bongero: We are just going to take the window and cut it down. Henzi: Okay. Ray Downey: And then the brick that is on the backside now will go on the new structure on the front side so it will look from the street it all matches. Ann Marie Downey: And then we will put siding to match the house. We’ve done a lot of renovations to the house since we obtained it five years ago. Henzi: And why do you need the shed? Ann Marie Downey: Well-- Ray Downey: Well I do have some stuff in it but it’s only like what ten to twelve feet from corner to corner at the end of the acreage all in the way in the back which was built many years ago. Ann Marie Downey: If we are able to get the 900 it really doesn’t matter on the shed. But if we weren’t allowed--you know--it just that there is so much in there right now for storage and it may defeat our purpose if we have to take all that stuff and put it into the garage City of Livonia, Zoning Board of Appeals Page 24 of 29 October 21, 2014 that we are trying to build because of the van and John Deere tractor and some of his other lawn equipment. Henzi: So if we approved what you want as presented you would agree--would you agree to take the shed down? Ann Marie Downey: Yeah. Henzi: Okay. Ann Marie Downey: If you give us 900 sure. That would be nice. Bongero: It kind of came up guys because I told them--I said I doubt that they will allow that shed to stay so they were kind of taking that into account losing that but gaining it in the garage. And everything is right there and they can get to easily and they don’t have to go through the back yard. Henzi: I mean do you agree with the 900? I mean it’s not that big of a difference it’s-- even our write up says its 882 square feet. Bongero: It’s close--you know--yeah I mean I think it’s right there it’s like--we’re real close. Henzi: Okay. Any other questions? Ray Downey: I don’t know if it shows it on there but there was a tree that would have been--I don’t know if it shows it on the drawing or not. Ann Marie Downey: I don’t know if it it shows it on that. Ray Downey: There was a tree that would have been getting fairly close to that which is a big walnut tree and I’ve already taken it down because of walnuts on the roof and gutters and-- Ann Marie Downey: We were feeding the neighborhood. Ray Downey: And I’ve got a zillion squirrels over there already because my uncle always planted apples trees-- Ann Marie Downey: Well we had three walnut trees we took all three of them-- Ray Downey: --and all kinds of stuff so. Ann Marie Downey: --down now so the next door neighbor says thanks now they are going to come to my house. And I said have at it. But yeah we’ve got that pretty much cleared out so. And yes we will have a driveway put in too so it’s not going to be--because I heard you speaking to other fellow-- Ray Downey: Yeah, but that’s behind the house. Ann Marie Downey: I know--I understand that. But right now we will probably just have gravel until we can in the spring time put in--you know because we have asphalt right now for our driveway and we want to just continue that on. It will make it a lot easier to snow plow and all that kind of stuff too. Ray Downey: I don’t know if any neighbors sent in any paperwork or not. City of Livonia, Zoning Board of Appeals Page 25 of 29 October 21, 2014 Ann Marie Downey: I don’t know if they did. I mean everyone was all in agreement. People behind us, side and the front of us and in fact they were even--they were even asking can we help--you know so--but-- Henzi: Okay. Bowling: Mr. Chair. Henzi: Mr. Bowling. Bowling: Will the garage door--will the existing garage door stay as it is or were you going to change that door to kind of match the style of the new door? Ann Marie Downey: No, we’ll get the same type of door so it looks like--you know-- Bowling: So you’ll have two doors that are very similar? Ann Marie Downey: Yes, definitely. Bowling: Great. Ann Marie Downey: Because I am one of those people I don’t like-- Ray Downey: My decorator. Ann Marie Downey: Yes, I like everything to match and look nice. Bowling: Sounds nice. Henzi: Anything else? I see no one in the audience, can you read the letters? Caramagno: Letters of approval from Bruce Pielechi, 19555 Parkville (letter read) and John Dunne, 29154 St. Martins (letter read). Henzi: Mr. and Mrs. Downey, anything you want to say in closing? Ann Marie Downey: Thank you for seeing us on this and hopefully we get our variance. Henzi: Sure, okay. Ann Marie Downey: That would be lovely. Henzi: Okay, I’ll close the public portion of the case and begin the Board’s comments with Mr. Schepis. Schepis: I would support this as we discussed. You know if we can get the square footage that you requested maybe we can get rid of that shed and have everything in one place and get rid of that excess. I would support that. Henzi: Mr. Bowling. Bowling: I think I am in agreement. It looks like a nice addition and you guys obviously have a need for it so it makes a lot of sense. Ann Marie Downey: Thank you. Henzi: Mr. Caramagno. City of Livonia, Zoning Board of Appeals Page 26 of 29 October 21, 2014 Caramagno: It looks like there has been a lot of work done at this property. Everything is cleaned up, you’ve demonstrated the need to have the additional garage to me. The fact that you are taking the shed down only makes that better in my mind as far as the square footage. So I am in support. Henzi: I too will support it. When I first drove by I thought it might be a new build, it looks that good. I think that your proposal is reasonable and it will look very nice. I like the idea of removing the shed, and the doors to match, I think that is a great idea. So I will support it as presented. The floor is open for a motion. Ann Marie Downey: Thank you. Ray Downey: Thank you. Bowling: Mr. Chair. Henzi: Mr. Bowling. Upon Motion by Bowling supported by Caramagno, it was: RESOLVED, APPEAL CASE NO. 2014-10-58: An appeal has been made to the Zoning Board of Appeals by Ray and Ann Marie Downey, 29138 St. Martins, Livonia, MI 48152, seeking to construct an attached garage addition while maintaining an accessory building (i.e. shed), resulting in excess garage area. Attached Garage Area: Allowed: 720 sq. ft. Proposed: 1,532 sq. ft. (882 sq. ft. addition) Excess: 812 sq. ft. The property is located on the north side of St. Martins (29138) between Parkville and Middlebelt, Lot No. 003-01-0436-004, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10(5), “Definition of be granted in part for the following reasons and finding of Miscellaneous Terms,” fact: 1. The uniqueness requirement is met because the Petitioners’ handicap van cannot fit into the current garage. 2. Denial of the variance would have severe consequences for the Petitioners because they would not be able to park their handicap van in the garage. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because Petitioners have support of their neighbors. City of Livonia, Zoning Board of Appeals Page 27 of 29 October 21, 2014 4. The Board received two letters of approval and no objection letters from neighboring property owners. 5. The property is classified as “low density residential” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the garage be constructed as presented both verbally and in writing. 2. That the garage doors shall match. 3. That the garage shall be constructed within nine (9) months. 4. That the current shed shall be removed within nine (9) months. 5. That a driveway shall be installed. 6. That 220 volt service shall not be installed; but rather, the garage may only have standard 120 V service. ROLL CALL VOTE: AYES: Bowling, Caramagno, Schepis, Henzi NAYS: None. ABSENT: Sills, Rhines, Pastor Henzi: The variance is granted with these conditions. You’ve got to build it as presented. You’ve got to have the doors to match. You’ve got to remove the shed but you’ve got nine months in which to do it. You’ve got to have the standard electrical. You’ve got to have a hard surface to the new structure. And then it is good for nine months, meaning you have nine months in which to complete it. Ann Marie Downey: Wonderful Ray Downey: Thank you. Henzi: Good luck. Bongero: Thanks guys. City of Livonia, Zoning Board of Appeals Page 28 of 29 October 21, 2014 Henzi: Are there minutes to approve? Caramagno: These other two cases didn’t show. Henzi: Yeah. Bongero: Thanks again. Caramagno: See you later. Ann Marie Downey: Thank you very much everyone. Henzi: Yeah, there are no minutes, I’m sorry. So just a motion to adjourn. Bowling: Motion to adjourn. Henzi: Is there support? Schepis: Support. Henzi: All in favor say aye. Board Members: Aye. There being no further business to come before the Board, the meeting was adjourned at 8:00 p.m. _______________________________ Matthew Henzi, Chairman ______________________________ Sam Caramagno, Secretary /pcb City of Livonia, Zoning Board of Appeals Page 29 of 29 October 21, 2014