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HomeMy WebLinkAboutMINUTES OF A REGULAR MEETING HELD MARCH 11, 2014 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A REGULAR MEETING HELD MARCH 11, 2014 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, March 11, 2014. MEMBERS PRESENT: Matthew Henzi, Chairman Ed Duggan, Jr. Acting Secretary Elizabeth H. McCue Robert E. Sills Craig Pastor MEMBERS ABSENT: Sam Caramagno Kathleen McIntyre OTHERS PRESENT: Michael Fisher, Assistant City Attorney Scott Kearfott, City Inspector Patricia C. Burklow, CER-8225 The meeting was called to order at 7:08 p.m. Chairman Henzi then explained the Rules of Procedure to those interested parties. Each petitioner must give their name and address and declare hardship for appeal. Appeals of the Zoning Board's decisions are made to the Wayne County Circuit Court. The Chairman advised the audience that appeals can be filed within 21 days of the date tonight's minutes are approved. The decision of the Zoning Board shall become final within five (5) calendar days following the hearing and the applicant shall be mailed a copy of the decision. There are four decisions the Board can make: to deny, to grant, to grant as modified by the Board, or to table for further information. Each petitioner may ask to be heard by a full seven (7) member Board. Five (5) members were present this evening. The Chairman asked if anyone wished to be heard by a full Board and no one wished to do so. The Secretary then read the Agenda and Legal Notice to each appeal, and each petitioner indicated their presence. Appeals came up for hearing after due legal notice was given to all interested parties within 300 feet, petitioners and City Departments. There were 20 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 35 March 11, 2014 May 1, 2012 APPEAL CASE NO. 2013-11-59: An appeal has been made to the Zoning Board of Appeals by St. Jude Nursing Center, Inc., 34350 Ann Arbor Trail, Livonia, MI 48150, seeking to erect a building addition resulting in deficient side and front yard setbacks and deficient parking. Front Yard Setback West Side Yard Setback Parking Spaces Required: 40 ft. Required: 25 ft. Required: 51 Proposed: 22.2 ft. Proposed: 20.5 ft. Proposed: 38 Deficient: 17.8 ft. Deficient: 4.5 ft. Deficient: 13 The property is located on the north side of Ann Arbor Trail (34350), between Stark and Farmington, Lot No. 132-01-0001-001, OS Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 9.05(a), 9.05(b), 9.05(b)2 " Establishment of Area, Height, Bulk and Placement Regulations for OS Districts," and 18.38(5), "Off-Street Parking." Henzi: Mr. Kearfott, anything to add to this case? Kearfott: No, I don't. Henzi: Any questions for the Inspection Department? Hearing none, good evening. Come on up to the podium and tell us your name and address. Mali: Hello, Roger Mali, my address 721 Elmwood, Troy, Michigan, 48083. Henzi: Is it M-a-I-i? Mali: M-a-I-i, yes. Henzi: Mr. Mali, go ahead and tell us about the proposed construction. Mali: Thank you. The proposed construction is the renovation and construction of a new wing on St. Jude Convalescent Center located on Ann Arbor Trail. What we propose to do with this is to expand the current building adding new private units onto the existing the facility but without increasing the density. So at this time St. Jude Nursing Center is 64 resident--is available to accommodate 64 residents and after the proposed renovation and construction it will accommodate 64 residents, so we're not asking for a change in any use of the density. What is precipitating the need is that a change in general of health care offerings and health care services. What we are essentially doing is eliminating if you can believe this that we still have at this facility three bed and even five bed wards which is no longer a sustainable business model for a nursing center. Most of the traditional nursing homes are now being either--either have been or are in the process of being rebuilt or renovated and going to either private and semi-private rooms and offering bathrooms. And also with those are first class physical therapy areas and lounges and other amenities. And so what we did is we looked extensively at the ability to do that within the current existing St. Jude foot print. And that is not feasible. We're not able to do that and we certainly have architects look through this and of course met with the City Planning Commission and the City Council and the Committee of the Whole and we just can't configure the existing building. And we also cannot build two stories with this existing building we did look at that just due to structural nature, our engineers and our architects did look at that first. So in coming up with--with this plan we propose to build City of Livonia, Zoning Board of Appeals Page 2 of 35 March 11, 2014 May 1, 2012 out what we are calling a new wing of the new--of the new units and it will be a total of fourteen new resident units and some other common areas again without increasing the density. So we're just shifting some other areas. And in doing so I think the--the purpose of coming here for a couple things which you should know and have in front of it--in front of you, it's just that the variance of the setbacks because we will be going into the setback areas. And with respect to the parking we are requesting a variance in terms of parking. I just want to point out that we are increasing the parking through this project so they're currently deficient and not by much--it's only by one space. But we are--we have considered that we are increasing the overall parking at that location. Henzi: Mr. Mali, I have a couple questions for you. Mali: Sure. Henzi: It seems to me that your best argument about the setbacks is that you're landlocked, right? Mali: Correct. Henzi: You have to add on in this spot because it makes the most sense right? Mali: Correct--right, and that was in our application is that we do not have property for-- in any direction to either acquire or to expand, that is correct. Henzi: So that leads me then to parking which I would like to spend some time on. And the public notice indicates that you're not just one spot short, you're thirteen. Are you aware that the requirement's 51 and the proposed is 38? Mali: Correct, we are, and we of course looked at that before and as I mentioned we are deficient in parking now. So we only have 37 spaces. We believe just on the current uses we're able to accommodate the--our employees and our residents and as you probably figured, none of our residents have cars. It's not very typical for a nursing home resident to have an automobile. So really the parking is for employees and then for family members visiting our residents. And we have been able to accommodate that currently with the 37 spaces. And were redoing, of course, the configuration of flow they're going to be bigger spaces and better parking areas. Henzi: Are they ten by twenty, double striped or otherwise? Mali: They are--they are--excuse me--are they striped? Yes, they are. Henzi: Are they double striped? Do you know how wide they are? Mali: 1--1 can--I can look on the plan and find out, I `m sorry the engineer isn't here and I don't know--they are not--no they are not double striped, but they are--I think the spaces themselves, we're not requesting any variance--the configuration--the size of the space is adequate-- Henzi: Got it. Mali: --for the requirements. Henzi: So as of today, if you weren't going to add one do you need 51 spots, is that requirement or is it because of the construction that's 51--that 51 becomes the requirement? City of Livonia, Zoning Board of Appeals Page 3 of 35 March 11, 2014 May 1, 2012 Mali: I think its 51 because I believe changes in the ordinance over time. So that when it was constructed--because again we're not changing the number of units so there will be no increase in the number of residents, there's no increase in the number of employees theoretically there will be no increase in the number of family members. So when St. Jude was constructed in I believe construction--you know--the initial--it's been pieced on through the years, so starting--I think as far back as the 1950's or `60's I don't have that- -but the last--the major add on to the facility was in the 1970's. And my assumption and I don't know this but at that time I presuming it must have been adequate parking when they constructed the facility or built on at that time. And then 1--then it has historically operated that way. So I think the deficiency--I think it--I don't know this but I'm assuming it must be a change in--it could be due to a change in the regular--in the ordinance. Henzi: Thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Scott, what's the deal with this parking? Is this parking deficient because they added more square footage to the building? Kearfott: I didn't hear you? Pastor: Is this parking deficient because they added more square footage to the building? Fisher: No, the parking standards for convalescent homes, nursing homes and homes for the aged are, one parking space for each three beds, plus one space for each staff or visiting doctor. Plus one space for each employee including nurses. So they may have added staff and that raised their parking requirement as a result. It doesn't have anything to do with the square footage of the building. Pastor: Okay. Thank you. Henzi: Any other questions? Sills- Mr. Chair. Henzi: Mr. Sills. Sills- Are the patients--to the petitioner, are the patients able to leave the facility like on a weekend or something like that with family? Mali: Absolutely--yeah, absolutely, they--regularly. That--yes, the answer is yes. Sills- The reason I ask that is because if family were to come and take the patient for the weekend that would give--that would give you more parking spaces for people who couldn't leave the building. Mali: Correct--correct, it would. And like I said you know in the ordinary course of our operations, we're operating with less parking now and we have not had any issues with parking. You know as it is--and what we are doing with this--on the--on the plan is we're expanding the area of the parking. So we are increasing it by one parking space but we're also expanding the physical dimension of the parking area and that's going to allow for--our real problem at the facility now, is not so much the number of spaces it's the flow of traffic and it's the ambulance--the ambulance delivery and pick up. And actually we City of Livonia, Zoning Board of Appeals Page 4 of 35 March 11, 2014 May 1, 2012 spent quite a bit of time with the City Council on that specific issue in revising the parking lot to allow for better access. So I think that the access for the medical transportation addressed, I feel very comfortable that the spaces now being increased by one we will still be able to serve our residents and our employees. Sills- Thank you. Henzi: Any other questions? Hearing none is there anyone in the audience that wants to speak for or against this project? If so, come on up to the podium. I see no one coming forward, are there letters on this case? Duggan: No--no letters. Henzi: Mr. Mali, anything you'd like to say in closing? Mali: No, just thank you for your consideration. Henzi: Thank you, very much. I'll close the public portion of the case and begin the Board's comments with Mrs. McCue. McCue: It's sounds to me like you've done--done your homework. You've looked at every option possible. The construction--the way the land is configured you're not able to go up and then the way the logistics have changed throughout the years. It makes sense, and again I think you've done your homework as to why we need to give a variance. So I will be in support. Mali: Thank you. Henzi: Mr. Duggan. Duggan: I too will be in support. You have an unique location right off Ann Arbor Trail, you're also right next to the residential homes. You know your property--that building is in need of an upgrade to get back into the 21St century. You know, you have structural limitations so you're pretty limited on what you can do. I think the decision you made to go out is the best you could do. And I think the plans are great and as for parking, you're increasing a spot, so I don't see any issues with parking. So I will absolutely be in support. Henzi: Mr. Pastor. Pastor: Yes, I do have a little bit of heartburn over the parking. The setbacks I don't have too much problems with. But I think I can possibly support this. Henzi: Mr. Sills Sills- I will definitely support his. My wife is been in several institutions in the past year and a half and I understand what your problem is. And being you're that are landlocked and you've done about everything you can do, and I don't think the traffic will be a problem because people come--visitors come and go all the time just like in a restaurant or something like that. I will definitely be in support. Mali: Thank you. Henzi: I too will support the request. It's the parking that had me concerned but anytime a business indicates that it's been in business for a long time--decades in fact in Livonia with 38 spots and that 38 is all that it needs, that convinces me that 38 is enough and that a variance is appropriate. So the floor's open for a motion. City of Livonia, Zoning Board of Appeals Page 5 of 35 March 11, 2014 May 1, 2012 Duggan: Mr. Chair. Henzi: Mr. Duggan. Upon Motion by Duggan, supported by McCue, it was: RESOLVED: APPEAL CASE NO. 2013-11-59: An appeal has been made to the Zoning Board of Appeals by St. Jude Nursing Center, Inc., 34350 Ann Arbor Trail, Livonia, MI 48150, seeking to erect a building addition resulting in deficient side and front yard setbacks and deficient parking. Front Yard Setback West Side Yard Setback Parking Spaces Required: 40 ft. Required: 25 ft. Required: 51 Proposed: 22.2 ft. Proposed: 20.5 ft. Proposed: 38 Deficient: 17.8 ft. Deficient: 4.5 ft. Deficient: 13 The property is located on the north side of Ann Arbor Trail (34350), between Stark and Farmington, Lot No. 132-01-0001-001, OS Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 9.05(a), 9.05(b), 9.05(b)2 " Establishment of Area, Height, Bulk and Placement Regulations for OS Districts,"and 18.38(5), "Off-Street Parking, " was granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because they are structurally limited to do renovations and because of its unique location bordering residential property. 2. Denial of the variance would have severe consequences for the Petitioner because property is land locked and there is no other means for expansion. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because none of the neighboring owners have objected. 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. City of Livonia, Zoning Board of Appeals Page 6 of 35 March 11, 2014 May 1, 2012 FURTHER, This variance is granted with the following conditions: 1. The project be completed as proposed. 2. That it complies with all requirements of the Planning Commission and City Council. 3. That construction be completed within two (2) years. ROLL CALL VOTE: AYES: Duggan, McCue, Pastor, Sills, Henzi NAYS: None ABSENT: Caramagno Henzi: The variance is granted. I will go over the three conditions one more time. You've got to build it as you presented it tonight. You've got to comply with the City Council and Planning Commission requirements. And that construction is to be completed within two (2) years. Mali: Thank you. Henzi: Good luck. Mali: Thank you. City of Livonia, Zoning Board of Appeals Page 7 of 35 March 11, 2014 May 1, 2012 APPEAL CASE NO. 2014-02-12: An appeal has been made to the Zoning Board of Appeals by JCH, Inc., on behalf of National Bank of Detroit (Chase), 27901 Plymouth, seeking to erect a 6-foot tall iron picket fence upon property which is zoned commercial. Fences are not allowed upon commercial property. The property is located on the south side of Plymouth, (27901), between Deering and Harrison, Lot No. 141-99-0001-000, C-2 Zoning District. Rejected by the Inspection Department under Fence Ordinance, Section 15.44.050 "Permits Required." Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for the Inspection Department? Hearing none, will the petitioner or representative please come to the podium? Good evening. Marks: Good evening. Hi, Michael Marks, 1235 Bishop Road, Grosse Pointe Park, Michigan. Henzi: Mr. Marks, go ahead and tell us about the proposed fence. Marks: Sure. This is the Chase branch on Plymouth Road. As part of this project we are adding an additional drive-up ATM on the southern western quarter. We're taking up some of the existing parking and were putting in a new drive-up ATM. Directly adjacent to these ATM's is a motel about eight feet off the property line. And in the past there's been some issues with people loitering behind the ATM, between the ATM--the existing ATM and the motel. And there's a letter here that a Chase representative wrote if I could read it real quick maybe. They have five reasons that they're requesting this variance for the fence. The first was there was previous concerns received from management included some residents from the motel hanging out the windows, loitering, and lewd comments to the customers. The situation has caused anxiety and fear to some of the employees and customers. Second, they feel the installation of the fence will serve as an added level of security and protection to the employees, customers, and third party vendors who service the ATM's. The area crime risk rating is listed as high in complying with the standards of Chase. They feel they need to take the necessary steps to protect the employees, customers and vendors. With the fence as a perimeter protection they hope to limit foot traffic and easy entry and escape from the area with additional surveillance and increased security lighting which will also be used. And with the installation of the fence they hope to mitigate the opportunity and lower the risk. One item that I wanted to bring to the Board's attention is that the fencing material itself in the case description describes it as an iron picket fence; it's actually a decorative aluminum fence that's proposed that's six feet tall. It's an attractive fence, we've installed it on many branch locations in the region. Henzi; What color is the proposed fence? Marks: It's black. Henzi: Is it similar to some of the decorative fencing that exists along Plymouth Road and other spots? City of Livonia, Zoning Board of Appeals Page 8 of 35 March 11, 2014 May 1, 2012 Marks: Yes. Henzi: Same style with-- Marks: It's got vertical pickets; it's got one bar on the bottom and two on the top that sits on the rail. Henzi: What--was there something that's happened recently that has caused Chase to decide it needs to erect this fence? Marks: Nothing in particular, as alluded in this letter they've had some complaints previous times and with the added ATM there will be more traffic that's going to be occurring along that boundary. So they felt that it was important to add that barrier. There's a couple aspects of security but I think the most significant one is just the deterrent factor, not saying someone couldn't hop that fence but a fence there provides a security for both--you know--for people driving and also waiting in line for that ATM. Henzi: Okay. Any questions for the petitioner's representative? Duggan: Mr. Chair. Henzi: Mr. Duggan. Duggan: You said that other Chase Banks have done similar things. How many Chase Banks have used this? Do you know? Is this a corporate thing orjust a local branch that wants it? Marks: Yeah, it's a corporate request from their--their head of global security. So-- Duggan: Okay. Marks: --and this is kind of a unique situation with the property line being this close to the branch itself. We've--we've--it's been a handful of them. Duggan: Is it--is it--do you know the--the other one, is there specific instances at the other branches that have occurred that cause it or are you unsure of that? Marks: Well, you know one other one that I've worked on personally was the one that we put in in Detroit in Midtown right by the Whole Foods. And again it's just to lower the opportunity for someone to sneak up from behind you at an ATM. I think we've all experienced being at an ATM and just having that level of security of the fence behind I think puts a lot of people at ease. Duggan: What other alternatives did you--did you have a discussion with Chase about what other alternatives could have been done. I mean does a six feet--five feet--seven feet--how did you end up at six feet? City of Livonia, Zoning Board of Appeals Page 9 of 35 March 11, 2014 May 1, 2012 Marks: A six feet is what we've used at other locations. We've also used plantings as another option. We felt here that due the proximity of the building that we wouldn't be fair to the motel residents if we put a big hedge that really blocked sunlight, so we thought this was kind of a good compromise we hope that would serve the needs of the branch but also the neighbor too. Duggan: I just have one more for you. So my--that's what I was trying to get to, is this new six foot fence is this a corporate trend they're trying to get to a lot of banks or is this just specific instances that are occurring? Marks: Right, I think it's really site specific. Duggan: Okay. Marks: I think again, it's just due to the proximity and kind of the configuration of the lot and its proximity to the neighbor. Duggan: Okay. All right, thank you. 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. Martin: Thank you, Chairman. Christopher Martin, 12275 Inkster Road, Livonia, 48150. I'm going to be in favor of this. I'll be coming to you shortly with pretty much another revised plan for the same type of fencing that this gentleman is requesting. And I suffer the same things. People loitering, making some of my customers fearful. Making rude comments to them when they park their car in my parking lot, besides theft and vandalism that I've had at my business. So I can understand the need for a decorative six foot wrought iron fence to protect your property. I understand it completely. I've attempted it with this Board on many occasions. So, I'm in favor of this. I think there's a need. I'm familiar with that southeast end of Livonia extremely well. And I think it's a worthwhile plan to make people not leery of using that ATM over there. And so I'd like you to be in favor of it. Henzi: Thank you. Anybody else want to speak for or against the project? Seeing no one coming forward, can you read the letters? Duggan: Yes, Robert Cane of 11634 Deering, notes an objection (letter read), and an approval from Lisa Karfis, 11473 Deering, (letter read). Henzi: Mr. Marks, anything you want to say in closing? Pastor: Mr. Chair. Henzi: Mr. Pastor. City of Livonia, Zoning Board of Appeals Page 10 of 35 March 11, 2014 May 1, 2012 Pastor: Do you have a picture or any type of rendering of this fence? Marks: Yeah, we have a spec sheet, if I could-- Pastor: Could you pass that Mr. Sills so we can take a look at what he's proposed? Thank you. Are you proposing the one that's circled or the one the picture is? Marks: The one that's circled. Pastor: Because that has two--two rails on the bottom. Marks: Does it? The circled one-- Pastor: Okay. Marks: --six foot. Pastor: Thank you. Henzi: Anything else? Okay, I'll close the public portion of the case and begin the Board's comments with Mr. Duggan. Duggan: I will be in support. Initially I was skeptical but when you're dealing with safety and you know you've made a compromise with the fence then you originally put in here that it was going to be decorative, and it will fit in with the other fencing on Plymouth Road. You've got a unique location with people walking through there and I can understand the need for the fence. I think it will fit in and I will be in support. Henzi: Mr. Pastor. Pastor: Generally I'm not in support of this type of fencing but in this particular case I think I can support it. I think it will look good and with the hotel next store I think it's needed. Henzi: Mr. Sills. Sills: Well the bank has been there a long time without a fence but the conditions have changed over the years and in the past we have denied certain petitioners for fencing using about the same criteria Chase Bank is using. But I can understand the crime rate going up now and the situation changing quite a bit. I will be in support of this petition. Henzi: Mrs. McCue. McCue: I too will be in support. I think going along with your--you know the location as we stated. Anything up and down Plymouth Road you're kind of on top of each other. Being involved in the financial industry I think that not only are you protecting this--is City of Livonia, Zoning Board of Appeals Page 11 of 35 March 11, 2014 May 1, 2012 Chase protecting their property but I would say if not more--if not equal or more you are protecting your customers that are coming in. So in that light alone I will be in support. Henzi: I too will support the request. We've had a few requests like this regarding safety for employees or patrons. For me I think this is clearly designed to make the customers feel more friendly. They only want the fence on the side by the ATM and they're not looking to blockade the bank from Plymouth Road or anything like that. So I think that they've given good reason especially what has transpired on sounds like more than one occasion. The floor's open for a motion. McCue: Mr. Chair. Henzi: Mrs. McCue. Upon Motion by McCue supported by Pastor it was: RESOLVED: APPEAL CASE NO. 2014-02-12: An appeal has been made to the Zoning Board of Appeals by JCH, Inc., on behalf of National Bank of Detroit (Chase), 27901 Plymouth, seeking to erect a 6-foot tall iron picket fence upon property which is zoned commercial. Fences are not allowed upon commercial property. The property is located on the south side of Plymouth, (27901), between Deering and Harrison, Lot No. 141-99-0001-000, C-2 Zoning District. Rejected by the Inspection Department under Fence Ordinance, Section 15.44.050 "Permits Required" was granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because of the location of the property and the need for additional security for the type of business and customers. 2. Denial of the variance would have severe consequences for the Petitioner because it would be unable to protect the property and will deter their customer's business. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because it complies with other landscape fence decor in the area and would not be an eyesore in the Plymouth Road corridor. City of Livonia, Zoning Board of Appeals Page 12 of 35 March 11, 2014 May 1, 2012 4. The Board received one letter of approval and one objection letter from neighboring property owners. 5. The property is classified as "general commercial" 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 project to be completed as presented to the Board. 2. That construction be completed within six (6) months. ROLL CALL VOTE: AYES: McCue, Pastor, Duggan, Sills, Henzi NAYS: None ABSENT: Caramagno Henzi: Mr. Marks, the variance is granted with those two conditions. You've got to complete it within six months and then you've got to erect it as represented tonight. Marks: Thank you very much. Henzi: Good luck. City of Livonia, Zoning Board of Appeals Page 13 of 35 March 11, 2014 May 1, 2012 APPEAL CASE NO. 2014-03-14: An appeal has been made to the Zoning Board of Appeals by HES Builders, LLC, on behalf of the Archdiocese of Detroit, 29015 Jamison, Livonia, MI 48154, seeking to construct a church addition resulting in deficient front yard setback. Front Yard Setback Required: 50 ft. Proposed: 33 ft. 4 inches. Deficient: 16 ft. 8 inches The property is located on the south side of Jamison (29015), between Middlebelt and Sunbury, Lot No. 094-99-0001-000, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 5.05 "Front Yard." Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: This is the church that I've attended for several years, I think I should step down. Henzi: Okay. Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for Mr. Kearfott. Fisher: Mr. Chair, I think you should inform the petitioner that they will need to have a unanimous vote in order to get the variance because we are down to four. Henzi: Okay. Can the petitioner please come to the podium or a representative? Did you understand that? You need four of four to let you know because Mr. Pastor stepped down. Haddad: Okay. Henzi: Okay. Do you want to go forward, you don't want to reschedule? I'm just--I'm offering you that opportunity. You don't have to. Haddad: That's Father-- Fr. Vogan: Your p.a. isn't working so it's kind of hard to hear you. Henzi: We're offering you the opportunity to reschedule if you'd like because there are four Board members here. In order to get the variance you'd have to get four votes out of four. Fr. Vogan: Okay. Henzi: You could go forward tonight or you could asked to be rescheduled, it's up to you. Fr. Vogan: So we need four out of four? Henzi: Right. Fr. Vogan: And we have-- see Sam Caramagno is our parishioner too, so he's going to have to excuse himself. It's not my fault. So let's go for it. City of Livonia, Zoning Board of Appeals Page 14 of 35 March 11, 2014 May 1, 2012 Henzi: Sure. Reporter: Father, could I get your name? Fr. Vogan: Vogan, V-o-g-a-n. Do you want me to introduce myself? Henzi: Gentleman, go ahead, yes. Fr. Vogan: Father Vogan, 29015 Jamison Street, Livonia, 48154-4021. Haddad: I'm Cal Haddad, from HES Builders, 49111 Quail Run Drive, Plymouth, Michigan. Henzi: Mr. Haddad, go ahead and tell us about the project. Haddad: Currently the St. Genevieve, St. Maurice is a--it's a large structure, 25,000 square feet. It towers about sixty feet high so you can imagine the amount of volume in there. The Father requested--he requested we add a Chapel--a small Chapel on the north end of the building just for cost efficiency reasons because it costs so much to have small gatherings in the big Church. Every time there's a small gathering he has to actually physically fire up the whole six--it's a sixty foot high ceiling, 25,000 square feet just to accommodate a few people at a time. So he thought it would be a good idea to add a Chapel just to reduce the cost of the Church--the Church expenses. Fr. Vogan: There's also another reason, and that is within the Parish boundaries there are twelve nursing and or senior citizen homes in our Parish boundaries which we are responsible for spiritually. And many of the people--you said your wife has been in and out of different places, sir--many of the people it's sad to say in these nursing facilities do not have families or if they do the family really doesn't care. And if--when they--when they do fall asleep with the Lord, hopefully it is through the Lord, and they come to us for a funeral Mass, sometimes there is one family member there, sometimes two, sometimes eight, sometimes fifteen. The Chapel would allow us to have small funerals, not in that large space of 25,000 square feet with sixty foot ceilings. And it really would make a difference for the family too. It would really make a difference for the family that structure, the Church building is so large. Even with 700 people in it, it seems empty because it seats almost 1400 and when you have seven--eight--fifteen--twenty people for a funeral Mass it's very sad--it's very sad. The whole--the economy thing is--bears on it but more importantly in our mind is the fact that we're better able to pray with the people and they with us. They won't be feeling like they're lost in a large structure. Henzi: Mr. Haddad, can you tell us about the building materials. I mean it looks like brick to match, but can you just confirm on that. Haddad: Yes, we actually five years ago we added a similar structure on the south side, this will mimic that a hundred percent minus with a little small alterations to the windows. But it is brick, the ceiling height will be the same, the roof line will be the same, the materials on the outside the same. It's very contextual to what's out there right now, so- Henzi: I mean-- Haddad: --it will not change. Henzi: You're making really a mirror image aren't you? City of Livonia, Zoning Board of Appeals Page 15 of 35 March 11, 2014 May 1, 2012 Haddad: Pretty much a mirror image, yeah. The reason were encroaching is we needed that sixteen footing because of the interior wouldn't have been--it wouldn't have made any sense we couldn't have fit sixty seats in there. We couldn't accommodate the seating, we couldn't accommodate the flow of the circulation and the altar and what have you. We really need that if we cut off that corner it just wouldn't work--the project wouldn't work at all. Henzi: Okay. Any questions for the petitioners? 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, are there letters on this case? Duggan: Yes, approval letters from Kathleen Thomas from 29000 Barkley, Livonia, Michigan, (letter read), Emmett M. Hynes, 28881 Jamison, Livonia, Michigan, (letter read), and Cathy Beaudoin, 14866 Middlebelt Road, Livonia, Michigan, (letter read). Henzi: Gentlemen, anything you'd like to say? Fr. Vogan: May I comment on the fence? Henzi: Sure. Fr. Vogan: Would it be proper for me to comment on the fence? Henzi: Yes. Fr. Vogan: Okay. Yes, that is indeed our fence it was put in the ground probably twenty- five--thirty years ago. And yes it's one of those metal fences, it's about yay high. And every time we straighten it up some of the residents of Trinity Park back into it, so it's always leaning. It's just a fact of life. Henzi: Okay, anything else you'd like to say in closing? Haddad: No, I think we've pretty much said everything. 1--you know--everybody is going green and this is probably a way of going trying to be cost efficient and what have you so it's a step towards that I guess. Henzi: Okay. Thank you. I'll close the public portion of the case and begin the Board's comments with Mr. Sills. Sills- My wife and I kind of amusingly call St. Genevieve's the Vatican of Livonia because it has expanded so much with the senior development there and all these sort of things. I can understand your problem with the big Church and I might go on to say St. Genevieve's if not the oldest Church in Livonia, it's at least one of the oldest, is St. Michael's-- Fr. Vogan: St. Michael's is the oldest Parish. Sills- --is probably older. I can understand not wanting to use the great big facility for a small funeral Mass or something like that. And a Chapel does bring the family closer together and it makes kind of a-- Haddad: It's more intimate. Sills- --warmer feeling with the smaller place to celebrate any Masses you might have and so on and so forth. Was Fr. Wolber the original here at St. Genevieve? Fr. Vogan: He was the founding Pastor of St. Genevieve Parish. City of Livonia, Zoning Board of Appeals Page 16 of 35 March 11, 2014 May 1, 2012 Sills: Because I knew him--I knew him well and I thought he was the originator of that-- Fr. Vogan: He was there for 25 years. Sills: I think you've got a good case here and I will certainly be in support of it. Henzi: Mrs. McCue. McCue: I agree I'll be in support as well. There are obviously financial logistics as well as you stated you are helping the people in the community that you serve. So I will be in support. Henzi: Mr. Duggan. Duggan: I too will be in support. You've got to modernize your Church, make it more intimate. I understand that there wasn't really anywhere else for you guys to expand. And I think it will be an upgrade to the neighborhood and I think it will look great, so I will be in support. Fr. Vogan: Thank you. Henzi: I too will support the request. I agree with Mr. Duggan, you are landlocked and this was the logical place to go. In fact it will look quite natural as if it was always was there because it mimics the opposite side. You know, we get excited when businesses expand, well here's a Church expanding for the first time and I don't want to impede that progress. I think you've laid out a good case, I'm all for it. Fr. Vogan: Thank you. Henzi: Floor's open for a motion. Sills: Mr. Chair. Henzi: Mr. Sills. Upon Motion by Sills supported by Duggan, it was: RESOLVED: APPEAL CASE NO. 2014-03-14: An appeal has been made to the Zoning Board of Appeals by HES Builders, LLC, on behalf of the Archdiocese of Detroit, 29015 Jamison, Livonia, MI 48154, seeking to construct a church addition resulting in deficient front yard setback. Front Yard Setback Required: 50 ft. Proposed: 33 ft. 4 inches. Deficient: 16 ft. 8 inches The property is located on the south side of Jamison (29015), between Middlebelt and Sunbury, Lot No. 094-99-0001-000, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 5.05 "Front Yard" was granted for the following reasons and findings of fact: City of Livonia, Zoning Board of Appeals Page 17 of 35 March 11, 2014 May 1, 2012 1. The uniqueness requirement is met because existing facility is too large for smaller funerals, baptisms and other gatherings. 2. Denial of the variance would have severe consequences for the Petitioner because unnecessary expenses exist due to the large size of the current facility when a small facility would be more economical for smaller gatherings. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because none of the neighbors have objected and the community would benefit by the proposed Chapel. 4. The Board received three letters of approval and no objection letters from neighboring property owners. 5. The property is classified as "community service" 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 project to be completed as presented to the Board. 2. That construction be completed within eighteen (18) months. ROLL CALL VOTE: AYES: Sills, Duggan, McCue, Henzi NAYS: None ABSENT: Caramagno ABSTAIN: Pastor Henzi: Your variance is granted with those two conditions, you've got to build it as presented and complete it within eighteen months. City of Livonia, Zoning Board of Appeals Page 18 of 35 March 11, 2014 May 1, 2012 Fr. Vogan: Okay, thank you much. Henzi: Good luck. Fr. Vogan: Thank you. City of Livonia, Zoning Board of Appeals Page 19 of 35 March 11, 2014 May 1, 2012 APPEAL CASE NO. 2014-03-15: An appeal has been made to the Zoning Board of Appeals by International Outdoor, Inc., on behalf of Carrollton Arms, 33801 Schoolcraft, Livonia, MI 48150, seeking to erect a billboard sign, 80 feet tall and approximately 672 square feet in area, upon industrial zoned property which is prohibited. Billboard signs are not allowed in any zoning district of the City of Livonia. Sign Area Sign Height Allowed: 30 sq. ft. Allowed: 6 ft. Proposed: 672 sq. ft. Proposed: 80 ft. Excess: 642 sq. ft. Excess: 74 ft. The property is located on the south side of Schoolcraft, (33801), between Farmington and Stark, Lot No. 109-02-0010-001, M-1 Zoning District. Rejected by the Inspection Department under Ordinance 543, Section 18.50C, (2) "Prohibited Signs" and 18.50I,(a) 1, "Sign Regulations for R-E and Industrial Districts." Duggan: Mr. Chair. Henzi: Mr. Duggan. Duggan: Before we begin the proceedings, I'm going to recuse myself due to my relationship with the petitioner. Henzi: Okay. Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for Scott? I have a question for Mr. Fisher. Fisher: Yes, sir. Henzi: Does the sign ordinance specifically state that billboards--request for variance to erect a billboard come before this Board or is this just fallen from the general sign ordinance? Fisher: It's just from the general sign ordinance. It's because they're seeking a variance just like anybody else. Henzi: So it's just like any other sign, the height and the area are the two-- Fisher: Well-- Henzi: --deficiencies, right? Fisher: --the height, the area, and billboards are also defined as off premises advertising. In other words, it's not like the Joe's Bar sign at Joe's Bar. It's like, you know, Joumana Kayrouz or something like that advertising wherever on the sign. Henzi: So can you--can you have a billboard or--let me say it this way. The public notice makes it clear that the petitioner wants a sign that is far in excess of the allowed sign area and far in excess of the sign height. Is there a third component where the petitioner has to convince us that a bill board is appropriate or is that not up for discussion? Are billboards allowed, I guess is the simple way to put it. City of Livonia, Zoning Board of Appeals Page 20 of 35 March 11, 2014 May 1, 2012 Fisher: No, billboards are not allowed. But I guess--I mean in some degree every variance seeker comes trying to prove that what they want to do is appropriate. Henzi: Got it. And do you know whether this petitioner, you know, lobbied City Council or if there was any discussion at City Council or Planning Commission about this? Fisher: None that I'm aware of but I'm sure the petitioner can tell us if there was. Henzi: Okay. Any other questions? Good evening. Walsh: Good evening, James Walsh, the attorney for International Outdoors. My address is 201 South Division, Ann Arbor, Michigan, 48104. We're seeking a variance because the ordinance explicitly prohibits billboards. We question whether that prohibition is permissible under State law. But we note that your neighbor to the west, Plymouth Township allows billboards and recently allowed the installation of six digital billboards which is what we would hope to do here. I know the City allows digital technology on other signs. Such signage is very valuable to the community. Certainly I think tomorrow if we get the snow that we are anticipating it would be very helpful for motorists on 1-96 to receive warnings about the dangers or at least the inconveniences they might face as they travel on the snow covered roads. With me is Mr. Randy Oram, President of International Outdoor and I think he could provide the specific details of this proposal. Henzi: Good evening. Oram: Good evening, Mr. Chairman and Honorable Board Members. If I may I'd like to have my colleague pass out a little hand book we put together-- Henzi: Sure. Oram: --to try better explain with some photographs and so forth. Before you you'll see a little pamphlets, half a dozen pages or so, and just in going through it it tells you a little bit about our company. We're--the company's name is International Outdoor. My name as Mr. Walsh just mentioned is Randy Oram, our address is 28423, Suite 200, Orchard Lake Road, in Farmington Hills. We are a Michigan based company headquartered here in Farmington Hills as well as we are a Detroit based business certified company, a Wayne County based certified company, and one of the most important things is a Women's Business Enterprise certified company. Ninety--eighty-five percent of our business is to local advertisers. So when you're looking at the advertisements on billboards, what you will find is we support the local business community, the local restaurant, the local cell store, the local coffee shop, whatever it may be, trying to help generate small businesses. We are also a small business as well. The second page is taken from the zoning map for the City and just to give you an overview in respect to the zoning and right in the middle there and to the right, you'll see where it shows site and shows all the different zoning map correlations as far as what the zoning is on the it. The following page is a Google overview. What we've done is we've improvised it with approximately lines with respect--they're not exact but as close to as possible, with respect to the different zonings to the north and to the south and the proposed site. If you look real close you will see the approximate billboard location and the zoning on this property is M-1 light manufacturing. The following page is a more detailed overview drawing with again an improvised billboard on the grass area of this particular location. And it shows the approximations. The next page is a survey improvised again with the City of Livonia, Zoning Board of Appeals Page 21 of 35 March 11, 2014 May 1, 2012 billboard location and what we're proposing is a 14 feet by 48 feet wide billboard, comes out to 672 square feet. And behind that is also another page which is a super imposed photograph from Google Earth to try to give you an idea as to how the billboard would look from the view of the closest residential lot and its distance. The following page is really the utility lines along Schoolcraft directly in front of the site. I think Mr. Walsh can go through and explain the reasons for the variances. And last but not least is the bulletin page and what we are looking to do is what they have is considered a flag it's either a right flag or a left flag, they're really one and the same but it will be a flag, it won't impede on the parking spaces on the property. It will be on the green space, it will have some surrounding landscaping at the base of the pipe to cover up the pipe at grade level. And that's really pretty much about it. Henzi: Do you-- Walsh: Just a few other comments, it's the size proposed is the industry standard size across the country for billboards that are to be viewed from freeways. It's been that size for over forty years. One last thing is the International Outdoor has worked closely with Wayne County in many of the public service initiatives that the County has undertaken encouraging use of County Health Care Programs, Voter Registrations, things like that. It does provide a very valuable public service to the citizens in many communities across Wayne County and we would like to do so in this community. Thank you. Henzi: I've got a couple of questions for you. I'll start out with have you lobbied City Council? Walsh: No. Henzi: Why not? Walsh: Because our perception is that City Council is very antagonistic towards billboards. Henzi: It's a candid answer, and I appreciate it. Walsh: No, it's--it's--I think the City is--has been quite proud of its ability to be--I think the only community in Wayne County to prohibit billboards. Henzi: No, I understand. Walsh: And we are here like any other applicant seeking a variance from what the Council has enacted as the zoning ordinance. Henzi: Certainly, but look I've been on the Board since December, 2003, and I don't think I've ever seen--I could be wrong, I don't think I've ever seen a billboard request. And your request is different because if a retailer wants a sign greater than what the ordinance allows, that's typically what we see. I'm only allowed 100 square feet and I need one with 200 square feet. To me yours is different because you're saying I need a sign which is more--you're asking more of a--us to act as a legislative body. Walsh: Not specifically, we're asking for a use variance and I think you're right because I represent most of the billboard companies around the State and no one has come to this body for a variance. City of Livonia, Zoning Board of Appeals Page 22 of 35 March 11, 2014 May 1, 2012 Henzi: Okay. All right, so if you want a use variance what are you saying in response to the argument that the property could be used for other purposes other than having a billboard? Walsh: I would say nothing because it's currently being used for something other than a billboard. Henzi: You said Plymouth Township allows billboards, is that recent? I mean-- Walsh: 1--1 think-- Henzi: --or are you just saying that's the next community west and that's what important? Walsh: Next community west and that was in the 1980's and it allows billboards in industrial zoning which would be equivalent to what we're seeking along freeways, 275, or M-14. There are currently--I think--six billboards in Plymouth Township. Henzi: Okay. Okay, thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: What's your practical difficulty? Walsh: Well the practical difficulty if we were seeking a dimension variance is that without a sign this size we could not be safely viewed by motorist on 696 (sic). Kearfott: 96. Walsh: What? Kearfott: 96. Walsh: Excuse me, 96, I'm sorry, I'm out in the boonies in Ann Arbor. Pastor: So why is this variance--why are you seeking this variance, we're precluded from giving you a variance for financial gain, and that's all I see here. There's nothing--there's nothing here--you don't have a building attached to this. There's nothing else attached to this other than I want to rent a piece so I can make some money. Walsh: And exercise our free speech rights. Pastor: Okay, you can exercise your free speech rights. Walsh: I'm not denying that there is a monetary component to this. Pastor: Well we're not supposed to be able to consider that in giving you a variance. So how do I give you a variance without considering that? Because that to me is at this point seems to be the only reason you're here. Why don't you go down the street to the next- -1 could see you coming here saying I want this one here and then go down another block and put another one up and another block and put another one up. Walsh: Wherever we attempted to locate in this community we would have to come before this Board. Pastor: You would have to have the same--that's where the problem is, we can't consider financial, and that's--right now--that's the only reason for this. You don't have a building City of Livonia, Zoning Board of Appeals Page 23 of 35 March 11, 2014 May 1, 2012 attached to it, you're renting it out to other people, I guess I don't understand how I can give you this variance without considering that? Walsh: Well, sir, I think you're correct, that International Outdoor is a business and its business is displaying messages on billboards. And everything it does for the most part is to earn income. So I think you're quite accurate in your assessment. Pastor: We're precluded from taking that into consideration in our ordinance. Walsh: I don't disagree with you. Pastor: Okay. McCue: Mr. Chair. Henzi: Mrs. McCue. McCue: Adding to what Mr. Pastor just said, I think takes it back to Mr. Henzi's original comment, I'm not really sure this is the place for us to determine whether Livonia is going to begin to have billboards or not. And that would be--I--I--that's my concern. Henzi: Any other questions or comments? Fisher: Mr. Chair. Henzi: Mr. Fisher. Fisher: You are aware that the City's prohibition on billboards has been upheld in Court before? Walsh: I'm aware of the Nichols and Vann case from 2004, yeah, quite familiar with it. Fisher: Maybe to rephrase Mr. Pastor's question. What is your hardship as a basis for seeking a variance? Walsh: The hardship is that we cannot operate within this community and I know that that does not fit the standard zoning law definition of hardship. Fisher: Mr. Chair, there is one other concern that we sort of put ourselves in and that is, is the--I guess it remains to be seen whether this particular variance is requested a use variance although petitioner has acknowledged that it is. Either the Michigan Municipal League or the Public Corporation Law Section of the State Bar, I'm not sure -- I can't remember which one -- has taken the position that a billboard is not a use because I guess the theory is there's something else already going on the property. If this is treated as a use variance we don't have enough people on the Board tonight to approve it. It's not physically possible. Henzi: Right. Fisher: So, either we proceed to table this until we get more Board members or we deny it. Henzi: Is--is the decision on whether--is the determination on whether it's a use variance is that a question of law or is it something that a petitioner decides? Fisher: Well, I guess if the petitioner wants to treat it as a use variance we'll let them speak their peace. City of Livonia, Zoning Board of Appeals Page 24 of 35 March 11, 2014 May 1, 2012 Walsh: Well, given that the ordinance specifically prohibits billboards, I would think this has to be in part at least a use variance. Fisher: I guess if that's--given the logistics of the situation, do you want to have this case tabled to be heard when there are enough board members so it's possible to grant it or do you--or are you just looking for a denial in the first place? Walsh: I detect two already. So--so to save my client the expense of coming back, if the Board votes to deny, we won't protest the procedure. Fisher: Okay. Pastor: Mr. Fisher. Fisher: Yes? Pastor: Is that--can we do that because we don't have enough people to--we're not giving him a chance to win this case without the right amount of people is that going to lead us to something in the Courts to overturn us? Fisher: Well, the petitioner has now waived that on the record. So I don't think that precludes the Board from deciding the case. However, it's obviously is within your discretion to table it to be heard by a full Board regardless. Walsh: As I understand it, it would take five affirmative votes? Fisher: It would take five, yes. Walsh: So if only one of the other two votes with the two who have expressed their views we know it's an impossibility. Fisher: Yes, that's true. Walsh: I'm trying to be candid, I don't want to--I'm not going to rush into Court and say bum procedure. Fisher: Right. Henzi: Us too, but we're trying to be equally candid and ask do you just want to hear what's on our mind and take that as you plan step two or you know do you really want to have a fair shot at convincing five people? Walsh: I have--I have--I'm confident I can't convince five people with what I've heard. Henzi: All right, but this is going to be decided by another entity it sounds like to me, so let's-- Walsh: It may be. Henzi: If your client wants to appeal, he can appeal. Pastor: Mr. Chair, I'm going to table it until--so we can be procedurally correct. At least that's what I'm going to propose. I hate to have something in the courts--I'm not an attorney, Mr. Fisher is and I'm just very cautious with things like that. Henzi: That's fair, but I see there's a lot of people here, my suggestion then would be why don't we proceed get people's statement on the record if there are folks that came all this way and want to be heard, I'd rather hear them then cut it off now. City of Livonia, Zoning Board of Appeals Page 25 of 35 March 11, 2014 May 1, 2012 Pastor: Fine, that's what I'd like to do too. Henzi: You can make your motion when they're done, is that all right? Pastor: That's fine. No, that's what I hoped would happen. Sills- Is there some reason we can't deny it? I mean, I'm looking at why kill a dead horse. I mean why carry this thing on and on when we know what the end is going to be? Fisher: Well, Mr. Sills, I think the suggestion has been made that we at least hear out the people. Sills- Okay. I'm--I'm--I'll go along with that. Henzi: Gentlemen, is there anything you want to say in your presentation before we move on to audience comments? Walsh: I don't think so, thank you very much for your consideration. Henzi: Sure, thank you. Is there anyone in the audience that wants to speak for or against the project, if so come on up. Are there letters on this case? McCue: There are. A letter of objection from Livonia Industrial Group, Christopher Management, Dembs Roth Management, Newburgh Industrial Group, Redford Trade Center, Dembs Roth Gyselinck Construction, (letter read), a letter of objection from R. Thomas Williams, of Williams Livonia L.L.C, (letter read), and a letter of objection from Gary L. Ehler, CEO, Carrier Great Lakes, (letter read). Henzi: Gentlemen, Mr. Walsh, Mr. Oram is there anything you want to say in closing? Walsh: No, I think we expressed our position and again thank you for your thoughtful consideration. Henzi: Thank you. Oram: Thank you again for your time and consideration as well. Henzi: Thank you. I'll close the public portion of the case and begin the Board's comments with Mrs. McCue. McCue: You know I guess I go back to the same discussion that we had. I just don't see where there is necessarily a hardship and where there is anything other than financial gain to be made by putting the billboard in this particular location. Personally, I won't at this time support that. Henzi: Mr. Pastor. Pastor: Yes, I agree, I don't see--unless someone comes to me with a much better reason, this is all about money and I understand money I'm in business myself but I cannot support something like this unless someone comes up with a much better reason than just that they want it. Henzi: Mr. Sills. Sills- I think this is distasteful. I don't like billboards and I've lived in Livonia for 50 years and I don't want to see Livonia cluttered with billboards. City of Livonia, Zoning Board of Appeals Page 26 of 35 March 11, 2014 May 1, 2012 Henzi: I don't feel comfortable granting this. I think this is--should go through the legislative process. I'll make a couple comments. Historically this Board has analyzed use variance cases and granted them only if the property can't be used for the purpose in which it currently exists. And here there's a petitioner that wants to erect a billboard in an industrial complex where there exists a building and it can be used as a building in an industrial complex. So I don't know how we can check off the boxes and grant the use variance. Secondly, to reiterate what I said earlier, most of the--let me rephrase that, all of the sign variances we get are for height not content and size. Here, the--just having a billboard is specifically precluded and we're being asked to grant that. And historically this Board has not granted things which have been excluded. One example that comes to mind the City prohibits parking a recreational vehicle in the front yard. We've have many of those cases come before us and we've denied every single one of them. The person isn't saying I want to keep it just on certain days, the folks are saying I want to do what your ordinance doesn't allow me. And we've never granted it for the same purpose that I don't feel comfortable granting this one which is the ordinance specifically excludes it. I think that the proper entity that should decide this issue is the City Council. And if the City Council wants to amend the ordinance and allow for it like they've done on other issues related to electronic signage that's the way to go about it not this way. So, the floor is open for a motion. Pastor: Mr. Chair. Henzi: Mr. Pastor. Upon Motion by Pastor supported by Sills, it was: RESOLVED: APPEAL CASE NO. 2014-03-15: An appeal has been made to the Zoning Board of Appeals by International Outdoor, Inc., on behalf of Carrollton Arms, 33801 Schoolcraft, Livonia, MI 48150, seeking to erect a billboard sign, 80 feet tall and approximately 672 square feet in area, upon industrial zoned property which is prohibited. Billboard signs are not allowed in any zoning district of the City of Livonia. Sign Area Sign Height Allowed: 30 sq. ft. Allowed: 6 ft. Proposed: 672 sq. ft. Proposed: 80 ft. Excess: 642 sq. ft. Excess: 74 ft. The property is located on the south side of Schoolcraft, (33801), between Farmington and Stark, Lot No. 109-02-0010-001, M-1 Zoning District. Rejected by the Inspection Department under Ordinance 543, Section 18.50C, (2) "Prohibited Signs" and 18.501,(a) 1, "Sign Regulations for R-E and Industrial Districts" be tabled to give petitioner an opportunity for a hearing before a full Board. City of Livonia, Zoning Board of Appeals Page 27 of 35 March 11, 2014 May 1, 2012 ROLL CALL VOTE: AYES: Pastor, Sills, McCue NAYS: Henzi ABSENT: Caramagno ABSTAIN. Duggan Henzi: Three to one Mike, does that carry because we only have four? Fisher: Right, it's a table and only requires majority. Henzi: Okay. It's tabled, thank you. Walsh: Thank you. Fisher: You can come back, the next meeting is April 15, so you can just submit your-- resubmit to the secretary. Walsh: Yes, we'll discuss that but I think we'll probably will. Henzi: March 21St is the deadline to call Bonnie and get on that for April 15tH City of Livonia, Zoning Board of Appeals Page 28 of 35 March 11, 2014 May 1, 2012 APPEAL CASE NO. 2014-03-16: An appeal has been made to the Zoning Board of Appeals by Quality Metalcraft, Inc., 12001 Farmington, Livonia, MI 48150, seeking to construct an addition to the north side of a nonconforming building resulting in deficient side yard setback. Nonconformity is based on the existing south side yard setback of 155 feet, where 200 feet is required. North Side Yard Setback Required: 20 ft. Proposed: 5 ft. Deficient: 15 ft. The property is located on the west side of Farmington (12001), between C and O Railroad and Plymouth, Lot No. 112-99-0033-000, M-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 17.04(c)(b) and 16.05(c) "Yard and Setback Requirements." Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Any questions for Mr. Kearfott? Hearing none. Good evening. Long: Good evening, Chairman Henzi. Henzi: Can you tell us your name and address? Long: Sure, my name is Eugene Long. My address is 15122 Vivian Street, Taylor, Michigan, 48102. Henzi: Mr. Long, go ahead and tell us about the planned expansion. Long: Well, Quality Metalcraft has been in business in Livonia since 1968. Currently we have 450 employees working for us and nearly 500,000 square feet. We are a proud Livonia business. The proposed construction that we are putting in front of the Board this evening is that we are looking for an extension to 12001 Farmington address. This extension will extend northbound 95 feet and it will extend roughly 280 feet total from east to west. The property extension is to house additional equipment for our growth and business. Quality Metalcraft is now a larger company; we have grown roughly thirty percent in the last six years. And as a requirement of our customers there is--we have seen discomfort because of our stamping business is not located in the same space as our robotic assembly business which is stamping business located at 33355 Glendale, robotic assembly is located at 12001 Farmington. In order to pair those two together and to help our customers feel more comfortable with our business we're proposing this expansion along with additional equipment in the new expansion. This will enable us to both stamp and assemble our parts for the the OEM customers out of one building. It will allow us to actually win more business and add between 25 and 30 employees within our company. And what we do see is that with the requirements of our customers currently that if we do not add this extension the likelihood of Quality Metalcraft shrinking instead of growing is high. So that is what our request is. Henzi: Is Quality Metalcraft an auto supplier? City of Livonia, Zoning Board of Appeals Page 29 of 35 March 11, 2014 May 1, 2012 Long: Yes, sir. Henzi: In order to get business you have to you know, check off all the boxes on the list in order to qualify? Long: That's correct. Henzi: So what you're saying is you might not be able to check the box of having the stamping occur at the same place as the-- Long: Assembly. Henzi: --assembly occurs? Long: Yes, that's correct, Chairman Henzi. Henzi: How tall are these presses? Long: The press actually is 43 feet to the top edge, so we require a 50 foot building in order to house the press. It's a good size. Henzi: And what are you going to do with the Glendale building then? Long: Retain it, we'll continue to use that equipment. This will be newer business for us and allow us to put--what it is is an increase in automation. It allows us to grow in our actual niche in the market. Currently we are a low volume supplier on this side--it enables us to become a mid-volume supplier. Our robotic business has been capable of mid- volumes for roughly four or five years now and in order to keep that business going forward we have to catch up in the stamping world. And so these presses allow that to happen. Henzi: Okay, thank you. Any questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: What kind of parts are you making that you use both robotic and stamping? Long: We actually--what we do is we put together parts. Originally Quality Metalcrafts business plan was just stamp and ship. But General Motors, Ford, Chrysler, the general model now is they like to buy components sub-assemblies where we would put them together. An example of that would be before we might ship a floor of a car in, today we ship the entire rear floor assembly in. So what enables us to do is put those together instead of just stamp and ship because that's the OEM model. The OEM's no longer are providing just stamp and ship business they want components sub-assemblies. So, currently to answer your question, Mr. Pastor, rear floor assemblies we supply the Chevy Volt, the electric vehicle for General Motors. We do the floor pan assembly, the plumb assembly. And then for the Cadillac CTS 2 door we do the rear floor assembly. The expanding business models we'll be doing business on the new model Volt and also on the new model electric Cadillac which is dubbed the Omega Program. Pastor: Thank you. Henzi: Mr. Duggan. Duggan: What year did you guys start combining the two? City of Livonia, Zoning Board of Appeals Page 30 of 35 March 11, 2014 May 1, 2012 Long: We--back in 2005 was our initial push into that. Duggan: Okay. Long: 32969 Glendale, which is right next door to 33355 Glendale was originally a heat treatment building for the Alpha Company. We bought into that company--that building and that's when we started doing that on a very low volume basis, 200 to 300 units. Then that opened the door with us with General Motors. We were able to demonstrate capability. In 2007, we won the CTS two door rear floor, we put that 32969 Glendale. And then not long after that, 2009 we won the Chevy Volt floor pan and plumb assembly when then pushed us to 12001 Farmington because we simply ran out of space. As the business models continued we now do models for Chrysler in those buildings. We have just been introduced to Ford with a brand new vendor code and we are seeing continuous business out of there. So Quality Metalcraft has a lot of opportunity to grow and these presses are a requirement of that. Duggan: All right, thank you. Long: Yes, sir. Henzi: So a couple more models and you'll be buying the old GM Plant? Long: You got it. Well this was a Comau Plant so we figured we'll just keep moving around so. Henzi: Sounds good. Any other questions? Hearing none, anyone in the audience want to speak for or against the project? If so, come on up. Long: They just left me up here. Henzi: Can you read the one letter. Duggan: Yes, we have an approval from Dante Divitto, Jr., 34018 Beacon, Suite 200, Livonia, Michigan, (letter read). Henzi: Mr. Long anything you wanted to say in closing? Long: I just wanted the Board to know as well we did talk to our neighbor to the north which is Minnie Marie Bakers, Awrey Bakery, and we do have a letter from them, from James McColgan, CEO. Basically, let me read it to you. As per the main reason for your visit today, addressed to our President, Kurt Saldana, so long as the City of Livonia has granted your company the variance, we agree to and have no problem with the expansion of your building to within five (5) feet of our property line. So we did make sure that we cleared this with our neighbor first. Henzi: Thank you. Anything else? Long: No, sir. Henzi: I'll close the public portion of the case and begin the Board's comments with Mr. Duggan. Duggan: I will be in support. I can see you're starting to get new equipment and you need to expand the facility, there is really nowhere else to go. You really don't have the- -you said the foundation structural support or height to accommodate the new equipment, City of Livonia, Zoning Board of Appeals Page 31 of 35 March 11, 2014 May 1, 2012 so you're doing pretty much the only thing you can do. So I'll be in support. It sounds like you have a great business model and good luck to you. Long: Thank you, sir. Henzi: Mr. Pastor. Pastor: I'll also be in support. Henzi: Mr. Sills. Sills: I'd like to compliment you on your presentation; I don't think you did your homework; I think you knew your business. Long: Thank you, sir. Sills: And we need more people like you in Livonia and you're growing obviously and as the Chairman mentioned maybe you'll take over the old General Motors. Long: Let's hope so. Sills: I'll certainly be in support. Henzi: Mrs. McCue. McCue: I too will support. The type of equipment that you're having to use now and the consistent changes in the industry are just going to require those types of changes. You guys have gradually changed with the times throughout your history and this is the next step. So I will be in support. Long: Thank you, Mrs. McCue. Henzi: I too will support it. This is the right spot on the property to add on. The neighbor endorses the request. It was a well done application, very easy to understand even if stamping isn't our business and I thank you for that. And I think it's great to hear. So, the floor is open for a motion. McCue: Mr. Chair. Henzi: Mrs. McCue. Upon Motion by McCue supported by Pastor, it was: RESOLVED: APPEAL CASE NO. 2014-03-16: An appeal has been made to the Zoning Board of Appeals by Quality Metalcraft, Inc., 12001 Farmington, Livonia, MI 481507 seeking to construct an addition to the north side of a nonconforming building resulting in deficient side yard setback. Nonconformity is based on the existing south side yard setback of 155 feet, where 200 feet is required. North Side Yard Setback Required: 20 ft. Proposed: 5 ft. Deficient: 15 ft. City of Livonia, Zoning Board of Appeals Page 32 of 35 March 11, 2014 May 1, 2012 The property is located on the west side of Farmington (12001), between C and O Railroad and Plymouth, Lot No. 112-99-0033-000, M-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 17.04(c)(b) and 16.05(c) "Yard and Setback Requirements"was granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because additional space is needed for business equipment to comply with changes in the industry. 2. Denial of the variance would have severe consequences for the Petitioner because the company could not compete with similar companies. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because none of the neighboring businesses have objected, and the nearest neighbor has indicated its support. 4. The Board received two letters of approval and no objection letters from neighboring property owners. 5. The property is classified as "industrial" 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 project to be completed as presented to the Board. 2. That construction be completed within sixteen (16) months. ROLL CALL VOTE: AYES: McCue, Pastor, Sills, Duggan, Henzi City of Livonia, Zoning Board of Appeals Page 33 of 35 March 11, 2014 May 1, 2012 NAYS: None ABSENT: Caramagno Henzi: The variance is granted. You have to build it as presented and complete it within sixteen months. Long: Thank you. Henzi: Thank you. McCue: Thank you. City of Livonia, Zoning Board of Appeals Page 34 of 35 March 11, 2014 May 1, 2012 Henzi: There's minutes from January 28th, but you and Bob weren't there and if you abstained from the motion we don't--well I guess we can have three. Would three do it? Motion by Duggan, supported by McCue, to approve the minutes of January 28, 2014. There being no further business to come before the Board, the meeting was adjourned at 8:40 p.m. EDWARD E. DUGGAN, JR., Secretary MATTHEW HENZI, Chairman /pcb City of Livonia, Zoning Board of Appeals Page 35 of 35 March 11, 2014 May 1, 2012