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HomeMy WebLinkAboutMINUTES OF A REGULAR MEETING HELD APRIL 15, 2014 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A REGULAR MEETING HELD APRIL 15, 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, April 15, 2014. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Elizabeth H. McCue Michael E. Duggan, Jr. Craig Pastor MEMBERS ABSENT: Sam Caramagno Jason Rhines OTHERS PRESENT: Michael Fisher, Assistant 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. 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 8 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 27 April 15, 2014 APPEAL CASE NO. 2014-01-01: An appeal has been made to the Zoning Board of Appeals by Mid 7 Land Co., on behalf of Pet Supplies Plus, Livonia, MI, seeking to erect two wall signs (one east, one north elevation), resulting in excess number of signs and sign area. Number of Wall Signs Wall Sign Area Allowed: One Allowed: 90 sq. ft. Proposed: Two Proposed: 150 sq. ft. (75 sq ft each) Excess: One Excess: 60 sq. ft. The property is located on the south side of Seven Mile (29493), between Middlebelt and Melvin, Lot No. 041-99-0004-000, C-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.50H (b),(2), “Sign Regulations in C- 1, C-2, C-3 and C-4 Districts.” 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 petitioner’s representative please come to the table? Good evening. Hochendoner: Good evening. My name is Joe Hochendoner, 17197 North Laurel Park Place. Henzi: Can you say your last name one more time? Hochendoner: Hochendoner, H-o-c-h-e-n-d-o-n-e-r. Henzi: Okay. Hochendoner: I am with Pet Supplies Plus. Henzi: Go ahead and tell us about the proposed two signs. Hochendoner: Sure, what we are looking to do since our corporate headquarters is in Livonia we are actually looking to update our store signage to match our current prototypical standards. I’m not sure if you are familiar with the site or not, but there are two--we are basically at the corner at the end of the existing shopping center. The current signage is placed on two green awnings that wrap around two sides of the building. So with the removal of that awning our signs get removed at the same time. So what we are also looking to do is of course replace that with our state prototypical signage. And then also update the material that is behind the façade to the current shopping standards-- center standards. And we’re also looking as a separate piece we are looking to renovate the store front; it is in pretty bad condition right now. So we are actually looking to do some exterior renovation to the space which we typically wouldn’t do that would be a landlord’s responsibility but because some of this is in such disrepair we’re moving forward with this. We--although we would like to have a 33 inch sign which would be more of our prototypical size we are happy that the Planning Commission and City Council City of Livonia, Zoning Board of Appeals Page 2 of 27 April 15, 2014 recommended at least increasing the square footage to 150 square feet or 75 square feet of signage for each side. So we are happy with that and we are happy to answer any questions that you may have. I’m not sure what--what’s in your package. I did provide or bring along with me some more information if you don’t have the renderings and things like that. Henzi: We do, do you have just color or photos or something? Hochendoner: We do--I do have--well I have the color photos of the existing and then the proposed. Henzi: If you want to pass it out, that would be great. Hochendoner: Sure. This would be the--this is the 30 inch sign that is recommended by Planning. Caramagno: Thank you. DeMeyer: Thank you. Henzi: This is the same font really the same text as the corporate headquarters isn’t it? Hochendoner: That’s correct, it’s same-- Henzi: Same color generally? Hochendoner: --on the--on the--it’s the exact same, yes. The size would be in cohesive with the existing tenants that are currently there. The two major sized tenants that are similar to us would be Planet Fitness and Family Dollar. I do have photos of that as well. Our sign at least based on what we can tell from the photo would be around the same size or actually a little bit smaller with the 30 inch sign. Again the main concern is since we are on the corner we do--we would like to have both sides the same proportion for visibility since that’s the main--you know--piece for us to be recognized from the site. And depending on which way you are coming from on the site going along Middlebelt heading north it’s a little bit more difficult. The way the building’s positioned it has sort of a front facing piece and then it sort of jets back or more I guess it heads west if you will so there’s a little undulation to the building. So by having the signage we’re just trying to capture the visibility as much as possible which is a little bit hidden because there is a row of trees going alongside the Middlebelt side as well. And then coming--coming Seven Mile because of the gas station at the corner there, we’re a little bit hidden from--you know-- from that corner. And then the other concern is just coming I guess it would be west--or east on Seven Mile that’s the best visibility. But when you see the sign then you are at the intersection of the parking lot. So again I know per code I believe it is fifty--it allows fifty percent of the second side so that’s why we want to try to make sure that we can capture a similar size sign on both sides of the building. Henzi: The only other question I had, and I apologize if you already answered it. Is this sign bigger than what existed before? Hochendoner: The existing sign I believe is either 24 or 26 inches, so yes it is bigger. Originally we found out when the building--when we first occupied the building the people before us went through the same process and they were granted a variance at that point and I believe actually Planning recommended a bigger sign but at Zoning it got pushed City of Livonia, Zoning Board of Appeals Page 3 of 27 April 15, 2014 back. But with coordination with the Planning Department they were--they had a special meeting to go through that and agreed that not necessarily going all the way up to what we were originally looking for was a 36 inch sign but an increase from I think it was from 120 square feet to what they are now recommended as a 150 square feet. So that’s where you get to the 75 square foot per sign. Henzi: Thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Can you tell me how many square feet the existing sign is? Hochendoner: That I don’t know. We don’t have-- Pastor: You just-- Hochendoner: We just-- Pastor: --came up with a figure of 120 where did that figure come from? Hochendoner: The 120 was what the variance was granted back I think it was in was 1991. Pastor: So would you assume that-- Hochendoner: Yeah, but I don’t have physical dimensions of that. We don’t have any unfortunately in our archives that would give that specific square footage. But I would assume it would be in compliance. Pastor: So what is your practical difficulty about the size of the sign? I mean I actually shop at that store and I have no problem seeing it from any direction now, what’s your practical difficulty for us to grant you this variance-- Hochendoner: Again-- Pastor: --to increase a sign that is much bigger? Hochendoner: --it is more or less the visibility. And you know it’s with the green sort of iconic awnings that wrap around the building it does create more attention to the eye than what we are basically proposing is again taking that down and updating it to the existing conditions or finishes that are at the shopping centers. So once you do that it sort of going to go away so the thing that catches your eye is going to be removed. So again, we’re just trying to get a little bit more square footage--you know--not that much. Anything that we can get is going to help--you know--identify this location. Pastor: You’re actually asking for 66 percent more than our variance allows. Our variance allows 90, you’re--you have an excess of 60, so that’s about 66 percent larger than what we allow. So you are already one third larger beforehand. Help me help you, explain why this is a problem for you? I mean can see it--I can see it from Livonia Mall, so you know I don’t see where you have a difficulty--a practical difficulty here. Hochendoner: Again, it’s--we’re concerned with trying to help improve the site that this-- again, what I think helps it right now is the green background and once that goes away City of Livonia, Zoning Board of Appeals Page 4 of 27 April 15, 2014 it’s going to blend more into the existing building and we’re not going to have the same presence that we currently have. Pastor: Thank you. Henzi: Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Is this a sign you keep on all night? Do you guys keep your signs on all night? Hochendoner: No, they are on a timer system. Pastor: Okay, thank you. Henzi: Anything else? Is there anybody in the audience that would like to speak for or against the project? If so, come on up here to the table. Since no one came forward can you read the letters? Caramagno: We have an approval from Phyllis Nelson and Gregory Nelson at 29560 Clarita (letter read). Henzi: Mr. Hochendoner, is there anything you want to say in closing? Hochendoner: Can you--I’m sorry can you read that--what’s in it? Caramagno: The letter said that they feel that Pet Smart has been long established. Hochendoner: Pet Smart? We’re Pet Supplies Plus, I just want to make sure that is the- - Caramagno: I guess that’s interesting, that’s right. They don’t even know your name; Pet Smart has the long established. Was it Pet Smart before? Hochendoner: Well I know that Pet Smart just recently moved into the community so I don’t know. Henzi: Do you want to increase your request now? Hochendoner: We would love to but--we would love to but again, we’re happy with what City Council recommended--or Planning and Council approved. Thank you. Henzi: Thank you. I’ll close the public portion of the case and begin the Board’s comments with Mrs. McCue. McCue: Considering the location, the corner lot, the reduction of the rain awnings, I get that idea how that reduction will--may change your visibility. And I also feel that signage making it predominant not only gives the visibility for the store but it also maintains safety for the people trying to come in and out of the stores. So I will be in support. Henzi: Mr. Duggan. Duggan: I too will be in support. You have the unique location towards the north and east side of the property. You’re upgrading your store and considering the sign is-- considering this is a new prototype from what you mentioned in your remarks that I think I can absolutely be in support. City of Livonia, Zoning Board of Appeals Page 5 of 27 April 15, 2014 Henzi: Mr. Pastor. Pastor: Yes, I appreciate you upgrading your store and all but I cannot be in support. I don’t see a practical difficulty here so unless they come up with a very good reason I cannot be in support. Henzi: Mr. Caramagno. Caramagno: I appreciate the fact that the awning looks terrible. It’s got holes in it, I don’t know if it just happened over the winter or not but that needs to be upgraded or come down or something anyhow. The other thing I noticed about the area of the building was after a strong tough winter the way it is, your building is clean on the outside all the way around, pretty clean for an older type structure. And unless this picture is very--very deceiving to me I don’t find that it is way or substantially different from what is there now. I understand it’s a little bit bigger than what you have, but to me it doesn’t look terribly out of line. So I’ll--I’ll be in support. Henzi: First I have no problem with two signs. I think for uniformity it looks--it just looks better to have both signs on the corner--both sides of the corner have the same sign. You know, Mr. Pastor makes a good point that in 1991 Pet Supplies Plus came before the Board and asked for a sign and gave all good reasons why they needed it, and one was granted but smaller than what’s being asked for today. Although what I will say about that is they came before the Board in 1991 they asked for 87 square feet per sign, today you’re asking for 72 square feet--or 75 square feet per sign. And I don’t--like Mr. Caramagno said to me the difference is not that great. Because there’s that gas station that blocks the view I understand the need for an excess sign. So having said all of that I don’t have a problem giving a bigger sign than what was asked for twenty years ago. So I will support both variances and the floor is open for a motion. Duggan: Mr. Chair. Henzi: Mr. Duggan. Upon Motion by Duggan supported by Caramagno, it was: RESOLVED: APPEAL CASE NO. 2014-01-01: An appeal has been made to the Zoning Board of Appeals by Mid 7 Land Co., on behalf of Pet Supplies Plus, Livonia, MI, seeking to erect two wall signs (one east, one north elevation), resulting in excess number of signs and sign area. Number of Wall Signs Wall Sign Area Allowed: One Allowed: 90 sq. ft. Proposed: Two Proposed: 150 sq. ft. (75 sq ft each) Excess: One Excess: 60 sq. ft. City of Livonia, Zoning Board of Appeals Page 6 of 27 April 15, 2014 The property is located on the south side of Seven Mile (29493), between Middlebelt and Melvin, Lot No. 041-99-0004-000, C-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance 543, Section 18.50H(b),(2), “Sign Regulations in C- 1, C-2, C-3 and C-4 Districts,” be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the existing facility is located on a corner of two major thoroughfares and two signs are necessary for visibility from both main thoroughfare streets. 2. Denial of the variance would have severe consequences for the Petitioner because of its unique location and neighboring businesses the property cannot be seen from the main roads by its customers. 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. 4. The Board received one letter of approval and no objection letters 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 sign to be erected as presented to the Board. 2. That project be completed within six (6) months. 3. That petitioner comply with all requirements of City Council and Planning Commission. ROLL CALL VOTE: AYES: Duggan, Caramagno, McCue, Henzi NAYS: Pastor City of Livonia, Zoning Board of Appeals Page 7 of 27 April 15, 2014 ABSENT: Sills, Rhines Henzi: The variance is granted with those three conditions. You’ve got to erect the sign as presented. You’ve got to be in accordance with the City Council and Planning Commission requirements. And that it’s good for six months. That doesn’t mean it expires in six months, it means you’ve got six (6) months in which to complete the sign. Hochendoner: Thank you. Henzi: Good luck. Hochendoner: Thank you. City of Livonia, Zoning Board of Appeals Page 8 of 27 April 15, 2014 APPEAL CASE NO. 2014-04-17: An appeal has been made to the Zoning Board of Appeals by Neil and Maria Martinuzzi, 18150 Fairfield, Livonia, MI 48152, seeking to erect an additional attached garage resulting in excess number of garages and garage area. Number of Garages Attached Garage Area Allowed: One Allowed: 1,000 sq. ft. Proposed: Two Proposed: 1,264 sq. ft. Excess: One Excess: 264 sq. ft. The property is located on the east side of Fairfield (18150) between Six Mile and Curtis, Lot No. 039-01-0038-000, RUF-C Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10(5) “Garage, Private.” 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, will the petitioner please come to the table? If you want to pull more chairs, just bring them up. Can you tell us your name and address please. Neil Martinuzzi: My name is Neil Martinuzzi. I live at 15167 McArthur in Redford, Michigan. Maria Martinuzzi: My name is Maria Martinuzzi. I live at 15167 McArthur as well. Aaron Martinuzzi: My name is Aaron Martinuzzi. I live at the same address as both Neil and Maria, my parents. Henzi: Thank you. Go ahead and tell us about the proposed renovation. Neil Martinuzzi: Okay, we have plans for a ranch home on a slab on Fairfield. We’re requesting two garages because we have a specially equipped van for my son to get in and out. We would like to have him covered for safety reasons getting in and out of the van and dealing with a caregiver. We would also like to have room to park my wife and I vehicles inside as well. So safety is of a primary concern for us for getting Aaron in and out of the van. The additional square footage, the house will be on a slab, the water table is very high in that location and we’ve got additional medical equipment and supplies that need to be stored as well that are currently in our current home in our basement. So that’s why we need the additional square footage in the garage. City of Livonia, Zoning Board of Appeals Page 9 of 27 April 15, 2014 Henzi: Can you talk about the building materials and construction? Neil Martinuzzi: Sure. I provided ten copies of this, does everybody have that? Okay. So the front southwest elevation which is sheet SK-2. The plan right now is to have hardiplank with possibly this brick veneer. You can see the garages are on somewhat of an angle. The plan is to have the garage heated as well so I anticipate having insulated garage doors, asphalt shingle roof. This is a beautiful house and it’s going to--we’re excited about being there. So I don’t know what else you would like to know. There’s going to be flatwork around the building so that Aaron can get out in the case of an emergency to make his way around the garage or out the backdoor. Henzi: I have a few questions. Neil Martinuzzi: Sure. Henzi: Are you an architect? Neil Martinuzzi: No, we hired an architect. Henzi: Okay. Neil Martinuzzi: He’s good isn’t he? Henzi: He is good, and I’ve been looking forward to the case for--since I got my packet. Neil Martinuzzi: I told him and I hope he doesn’t mean this, I said if I never build this place the pictures are worth it. I want to tell you what we’re paying-- Maria Martinuzzi: We’re building it--we want to build it. Henzi: I thought I saw in your packet and from having gone to the site you can tell the house is oriented a little bit different than every other house on the street, right? Maria Martinuzzi: Right. Neil Martinuzzi: Yes. Henzi: You can’t--you can’t make a four car garage, right? Neil Martinuzzi: No, you can’t. Henzi: You have to do it this way? Neil Martinuzzi: Yeah, in fact if you look at sheet SK-1, we successfully worked with the City to--for them to vacate 43 feet of unapproved Curtis Road which is north of our border. Because there is a storm sewer running down the center of that 43 feet the City needs access to deal with the storm sewer. There’s 35 feet of easement there so we picked up City of Livonia, Zoning Board of Appeals Page 10 of 27 April 15, 2014 really only 8 feet of buildable property. So yeah, there’s no way we could add the garage over there. And I think--I mean arguably, I think these plans really do justice to the piece of property and to the building because it doesn’t look like it’s an auto repair shop--you know--so it-- Henzi: Yeah, with four bays. Neil Martinuzzi: Exactly, right. Maria Martinuzzi: Right. Neil Martinuzzi: And the hoist in there. Henzi: And is this all going to be hard surface the new driveway? Because I thought it was--it was gravel just on that side. Neil Martinuzzi: Yeah, the south side is gravel; the other side is asphalt and pavement. So we expect it probably to be all paved. We are looking at possibly some stonework that provides drainage, you know pavers that have holes in them. But if Aaron goes over a bumpy surface he can--comes out of position in his chair and then he’s seated wrong so he has to be--he can’t move so he has to be adjusted by a caregiver or somebody else. So there will be enough flat work around for him get safely around the building. Henzi: Okay, so either asphalt or concrete? Neil Martinuzzi: Yes. Henzi: I mean asphalt is kind of in character, I mean-- Neil Martinuzzi: Yeah. Henzi: --some people don’t like it but for that neighborhood-- Neil Martinuzzi: Yeah, and the sun will be beating down there and if we have a ton of asphalt--or I’m sorry a ton of flatwork cement there will be a lot of reflective heat that’s coming back up here because he--he didn’t scan these trees but the nature preserve back there is really kind of like that and there isn’t a lot in front. And because it’s going to be a ranch and kind of low, we don’t want to put a lot--I don’t want to put a lot of landscaping that is going to obstruct the view of the house or like let’s say provide a lot of shade there. So, probably asphalt is how we’ll end up going. Henzi: And then--hopefully this is my last question--it appears to me that there’s a lot that will be renovated on the inside to reconfigure the house, am I right? Neil Martinuzzi: Very--very significant. City of Livonia, Zoning Board of Appeals Page 11 of 27 April 15, 2014 Henzi: It’s a big investment. Neil Martinuzzi: Yeah. Maria Martinuzzi: Yeah. Henzi: Okay, any questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: First of all you said it might be brick? Neil Martinuzzi: This is a veneer that is shown down here because until we can-- Pastor: Is it brick or it might be brick? Neil Martinuzzi: Might be brick. So I could bring hardiplank all the way down. If it has to be brick to get two garages, then I’ll make it brick. Pastor: Okay. The van that you have customized is that a full sized van or is it a minivan? Neil Martinuzzi: It’s Chrysler minivan with a ramp that folds out. Pastor: Sideways? Neil Martinuzzi: Sideways and the van tilts also. Pastor: It actually tilts? Neil Martinuzzi: Yes. Pastor: Wow. So why do we need a garage that is 31 feet deep because a minivan is nowhere near that big? I understand that you need to get a wheelchair out of it. Neil Martinuzzi: And a hospital bed--so-- Pastor: But it seems also deep-- Neil Martinuzzi: Yeah, last--okay, there’s additional medical supplies and equipment that we have to store. So we have a manual wheel chair, we have a floor hoist in case the ceiling hoist in our house goes out. And we have a special medical bed because last year we needed a special medical bed for medical reasons and they are very expensive and they are quite large. Pastor: Okay, thank you. City of Livonia, Zoning Board of Appeals Page 12 of 27 April 15, 2014 Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: When I look at the design of the house and I agree it’s beautiful, what a nice design. It looks like it’s specifically designed to be almost two homes, your home to the right and the other--and your son’s home to the left. Two separate like living areas and does that kind of define why the garages have to be separate or no? Neil Martinuzzi: No, really what drives the separations in the garages is the way the house is oriented on the lot. Caramagno: Okay. Neil Martinuzzi: Yeah, so if you look at SK-1-- Caramagno: Yes. Neil Martinuzzi: --you can see where the--we are in code from our neighbor and we were also in code on the new garage, that’s why that corner is kind of knocked off. Caramagno: What I was saying and not in a bad way, I just mean Aaron’s bedroom and the den is all of it near the garage comes in local access right there-- Neil Martinuzzi: Yeah. Caramagno: --which I think is--to me--it shows up as a unique--very unique design and very practical for what you do. As far as Craig’s question with the garage 31 feet, you know you currently have a Chrysler minivan-- Neil Martinuzzi: Yeah. Caramagno: --whether that van will always be your van or you will have to go to something larger someday, who knows is--is--what’s the size of the door that’s going to be on that garage? Neil Martinuzzi: It will be a ten foot door. Caramagno: Ten foot tall? Neil Martinuzzi: Yeah. Caramagno: How wide? Neil Martinuzzi: Twelve or fourteen feet. City of Livonia, Zoning Board of Appeals Page 13 of 27 April 15, 2014 Caramagno: Okay. So if you have to graduate to a larger van someday or something different you’ll probably have plenty of room-- Neil Martinuzzi: Yeah, so the additional medical equipment is what is really driving that deeper garage. So like I said a special bed that takes a special mattress for wound care, a floor hoist that needs to be plugged in because it’s on a battery; and right now just a manual wheel chair. Caramagno: How--how does the chair get into the home? Is this a ramp here? Neil Martinuzzi: Yeah, this minivan you open the side door a ramp comes down, the van tilts and a ramp comes down and we take off four safety hooks from the wheelchair and Aaron’s able to pull out and go into the house. Caramagno: There’s a ramp that goes right into the home? Neil Martinuzzi: It comes off the van though. Caramagno: Oh, straight into the home? Neil Martinuzzi: Yeah. So this entire slab every--every--this floor will all be on one level. Caramagno: Okay, interesting. Neil Martinuzzi: From here throughout even into the other garage. Caramagno: Okay, that’s all the questions I’ve got. Thanks. Neil Martinuzzi: Okay, sure. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: This jack or whatever you are referring to, I’m not--I’m a little confused you say it has to be plugged in? Maria Martinuzzi: What--what it is we use an overhead lift to help get Aaron out of his chair and into his bed at night and it’s all in his bedroom. We have one in case that fails we have another one that is portable. Pastor: Okay. Maria Martinuzzi: That has to plug in because it’s also is it--it’s-- Neil Martinuzzi: Battery. City of Livonia, Zoning Board of Appeals Page 14 of 27 April 15, 2014 Maria Martinuzzi: --battery powered. So it--we have used that as a backup--you know-- we have used that just for different rooms. Pastor: That’s fine, you cleared it up. Maria Martinuzzi: Oh, okay. Pastor: I was confused about it. 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. Are there letters? Caramagno: We have one. Dolores Streicher of 18131 Fairfield sends in an approval. (letter read). Henzi: To the Martinuzzi’s, do you want to say anything in closing? Aaron Martinuzzi: I’m pretty excited about what this house means for our future as a family and for me. A lot of it is really conducive to like my dad said my safety and just sort of our safety ease of use as a family in general. This particular winter as you all know was pretty nasty and having my van parked in the driveway the entire time was an inconvenience and definitely it did cause some issues. I had to be pushed up my ramp a couple of times despite having the power wheelchair. The ramp was icy and wet and I couldn’t make it up on my own. Maria Martinuzzi: This is heavy. Aaron Martinuzzi: Some of my aides are older, younger, women, men, people who are more or less capable of wiping my van off of snow and stuff like that. You know some people it’s no big deal, some folks are older, shorter, whatever and it’s a lot less convenient, so having a garage and the house oriented like it is will definitely be a--it’s important to me. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You’re not driving this van are you? Aaron Martinuzzi: I’m not driving this van, no. Pastor: Just curious. Aaron Martinuzzi: Sure, that’s part of why we need the van--the garage as wide as it is because I have an aide coming out of the driver’s seat and then me--the ramp only comes City of Livonia, Zoning Board of Appeals Page 15 of 27 April 15, 2014 out the passenger side of the van so we do need--we utilize a lot more width than you might guess just looking at the profile of the minivan. 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. It was a great presentation; you had some work to do with the City all the way through the process. I appreciate you guys working and dealing with that storm drain I know that kind of complicated things for you. And I--you actually have a practical difficulty and you guys are utilizing the square footage and the property the best you can. So I will be in support. Henzi: Mr. Pastor. Pastor: Yes, I also shall be in support. The plan presented looks beautiful although I would definitely like to see the brick on the house. Neil Martinuzzi: We will be taking up a collection later. Pastor: But this looks like a beautiful home. I will be in support. Henzi: Mr. Caramagno. Caramagno: You’ve got a nice plan here--a very nice plan. The house you’re renovating and you’re going to change on this property is in need of renovation to say the least. You’ve got a beautiful piece of property at the end of this road and the process you went through to get the extra you needed was nice. There are other garages on this road that are large probably for less hardship than what you’ve got here. I have no trouble with it at all. I think it’s an unique design and a great plan. Henzi: Mrs. McCue. McCue: I agree, it’s a beautiful plan. Obviously the difficulty is there and congratulations. Marie Martinuzzi: Thank you. Henzi: I too will be in favor of this. I think it’s a perfect plan for this lot which is a little bit crooked at the end Fairfield. I agree with Mr. Caramagno and also I’ll add that for a lot this size on that street I don’t think the excess is that excessive. I don’t think it’s significant so to say this is an upgrade is an understatement so I’m in full support. So the floor is open for a motion. Caramagno: Mr. Chair. City of Livonia, Zoning Board of Appeals Page 16 of 27 April 15, 2014 Henzi: Mr. Caramagno--Mrs. McCue. Upon Motion by McCue supported by Pastor, it was: RESOLVED: APPEAL CASE NO. 2014-04-17: An appeal has been made to the Zoning Board of Appeals by Neil and Maria Martinuzzi, 18150 Fairfield, Livonia, MI 48152, seeking to erect an additional attached garage resulting in excess number of garages and garage area. Number of Garages Attached Garage Area Allowed: One Allowed: 1,000 sq. ft. Proposed: Two Proposed: 1,264 sq. ft. Excess: One Excess: 264 sq. ft. The property is located on the east side of Fairfield (18150) between Six Mile and Curtis, Lot No. 039-01-0038-000, RUF-C Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10(5) “Garage, Private” be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because of the unique way the home is situated on the property and the special needs of the petitioner’s son that need to be considered in relation to the property and how it is set up 2. Denial of the variance would have severe consequences for the Petitioner because it will impede the quality of life and the ease of access in and out of the property 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because there is support from the neighbors and other garages in the area are larger. 4. The Board received one letter 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 17 of 27 April 15, 2014 FURTHER, This variance is granted with the following conditions: 1. That it be constructed as presented to the Board. 2. That the project be completed within twelve (12) months. 3. That a hard surface is installed on the driveway. ROLL CALL VOTE: AYES: McCue, Pastor, Duggan, Caramagno, Henzi NAYS: None ABSENT: Sills, Rhines Henzi: The variance is granted with three conditions. You’ve got to build it as presented, it’s good for one year meaning you’ve got one year in which to complete. You’ve got to have hard surfaces on the driveway as we discussed. And then what I was talking about sometimes we ask for standard electrical service but we did not place that as a condition because you might need more than the standard 110. Neil Martinuzzi: Okay, thank you. Henzi: So you just figure that out with the building department. Neil Martinuzzi: Sure, okay. Thank you all very much. Maria Martinuzzi: Thank you very much. McCue: Good luck. Neil Martinuzzi: Thank you. Maria Martinuzzi: Thank you. City of Livonia, Zoning Board of Appeals Page 18 of 27 April 15, 2014 APPEAL CASE NO. 2014-04-20: An appeal has been made to the Zoning Board of Appeals by Christopher and Pamela Michels, 37353 Vargo, seeking to erect a 6-foot tall privacy fence upon a corner lot, along the side street property line resulting in the fence being excess in height, located in the side yard and not aligning with any fence on adjacent property. Privacy fences must end at the rear line of the dwelling and be within the side or front yard. Fence Height Allowed: Five feet Proposed: Six feet Excess: One foot The property is located on the south side of Vargo, (37353), between Newburgh and Vargo, Lot No. 031-01-0126-000, R-4B Zoning District. Rejected by the Inspection Department under Fence Ordinance, Section 15.44.090A, 4bi, 4bii, and 15.44.090B “Residential District Regulations.” Henzi: Dennis, anything to add on this one? DeMeyer: Not at this time, Mr. Chair. Henzi: Anything for inspection? Good evening. Mr. Michels: Good evening. My name is Christopher Michels, this is my wife Pamela. We reside at 37353 Vargo on the corner of Vargo and Newburgh. Henzi: Okay, tell us why you want to construct this side yard fence. Mr. Michels: Noise, privacy, litter. You guys are familiar with the berm and the road construction and I’m telling you it’s a nightmare over there. We want to use our yard and help cut down on some of the noise going through. You know, I looked at different angles on this thing; this fence is costing me forty five hundred bucks. So it’s not a cheap thing but it’s going to look the best out of most of the options that I could think of. There’s a guy in the block right down the street from me, he lives at Bennett, he’s got a six foot privacy fence with lattice work on the top of it that goes all the way around his property. City of Livonia, Zoning Board of Appeals Page 19 of 27 April 15, 2014 He sits on a corner lot, he sits right on Newburgh. So it’s kind of the same type of thing. We just want to make it look good on the outside too. And gain a little privacy and cut down on the noise. This is no joke. Saturday my wife and I went out and cleaned up around that fence line. We took a garbage--she had a garbage bag I had a garbage bag, we worked for about an hour--hour and a half on it, I looked out there Sunday and everything is back over there. You know it just blows right across. Mrs. Michels: From the mall, garbage from the mall, Styrofoam cups-- Mr. Michels: Auntie Annies-- Mrs. Michels: Just pop--you know--pop cups, it’s just--there was a cushion out there that blew up against the fence for whatever reason and it’s just--it’s an eyesore really. And there has been a security type issue where we were actually sitting on our screened in patio and all of a sudden there was this gentleman who started hopping over the fence like a gazelle--I kid you not. Before we even knew it, there were police officers and dogs hopping the fence. With theft issues at the mall it--it’s crazy. Mr. Michels: You know, I love Livonia don’t get me wrong. We just moved there from Canton, but this mall it’s unbelievable. Last year, I happened to look outside they had a gal--a manager from the store Von Maur outside so I went back inside. I looked out my window and I saw police lights. The cops got this woman out in front of our house they must have nailed her for shoplifting or something and so there’s been a lot of issues going on over there. And--you know--that’s part of it too, it will help secure our home a little bit better. I have two daughters and I just feel a little more comfortable I think with that fence. It’s done by a professional company--or we want to have it done by a professional company. You know I’m not doing it myself type of deal. There’s one within really throwing distance from ours. So-- Henzi: How long have you lived there? Mr. Michels: Just under two years. Henzi: Okay. And which of the fence styles are you proposing? Mrs. Michels: On the one actually it’s starred. Henzi: The one at the bottom? Mrs. Michels: Yes, the beige one right--yeah. Henzi: Same color as the one three doors down, right? Mr. Michels: Exactly. And I think she even has a picture of the fence post tops. When I talked to the building inspector he said it would be a good thing to include that too. City of Livonia, Zoning Board of Appeals Page 20 of 27 April 15, 2014 Henzi: Okay. That’s all the questions I have, anybody else? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Is it--do you only want the fence that is on the--on the west side of the property you don’t care to go along the back, along the other sides? You’re going to keep-- Mrs. Michels: No. Caramagno: --keep that open atmosphere there, just the privacy from the mall and vision and traffic-- Mr. Michels: It will look like an L. Caramagno: --from Newburgh? Mr. Michels: Basically, yes. Caramagno: Yeah. Mr. Michels: There is an existing-- Mrs. Michels: It’s a chain link. Mr. Michels: --steel or chain link fence that runs in the same--the exact same spot we wanted to put this. Caramagno: Is this--I looked at this a few days ago--is the house behind you have a concrete-- Mr. Michels: Yes. Caramagno: --fencing? Mr. Michels: Yes. Caramagno: How does this tie into that? Mr. Michels: They said they will put--they will replace the steel pole that sits in the corner- -you know the fence pole that sits next to that concrete wall-- Caramagno: Okay. Mr. Michels: --for the chain link, they will replace that with a--I believe it’s a wrapped vinyl four by four type of post. City of Livonia, Zoning Board of Appeals Page 21 of 27 April 15, 2014 Caramagno: Okay. Mr. Michels: It will run parallel with that brick wall. Caramagno: Okay, so it will be--it will be in alignment with that--it will be in alignment with that coming to north then? Mr. Michels: Yes. Mrs. Michels: Just like it is now. Caramagno: Okay. Okay, thank you. Mr. Michels: You’re welcome. Henzi: Anything else? If there are no other comments, anybody in the audience want to speak for or against the project? If so, come up to the table. Mr. Martin: Christopher Martin, let me use my business address. I was hoping to be on this evening myself but it didn’t work out for some reason--but 12275 Inkster Road, Livonia, 48150. I’m going to speak on your behalf. Mr. Michels: Thank you. Mr. Martin: I have pictures of 75 privacy fences in a corner side yard. I’m going to use that with my display when it’s my turn to be here. The gentleman mentioned a little bit about crime. You don’t read a lot of these things in the crime watch but I’ve made it known under audience communication that I had a drug house next to me on Inkster Road for about six months. I had the garage broken into. The crime that goes on in my particular area you’re never going to read it in the paper, but it exists. You should have the right to protect your property. Something that I feel is pretty basic in this country. And so I’m definitely in favor of this. It’s their money they are spending to protect their own property. I’ve had people in my backyard, the garage was broken into, my merchandise was stolen the business that I own. So I understand their need or their hardship--their hardship. And it’s easy for some of you others not to understand it because you don’t have it happen to you. So I believe if I would have been here this evening I would have had three of five votes this evening on my next proposal. But I’m going to ask that you give an approval on this. I also--when you fill out the paperwork it says basically have you tried to change the zoning or change the law. I tried to change the law last year. I tried to get it put on City Council and President Laura Toy at that time wouldn’t put it on for discussion to have this changed. Well you wouldn’t have to go through this process to get a fence--six foot privacy fence in the corner side yard because you have no neighbor, it’s the side yard of a corner lot. So why don’t you guys approve it? And that’s it. Henzi: Thank you. Any letters? City of Livonia, Zoning Board of Appeals Page 22 of 27 April 15, 2014 Caramagno: We have an approval from Thelma Ormsbee, 37248 Vargo, (letter read), an approval from Mary McCarthy and Gerald Campbell, 37316 Vargo, (letter read), an approval from Chiluta and Vasa Puja, 37350 Vargo, (letter read), and an approval from Robin McCandless, 37214 Vargo, (letter read). Henzi: Mr. and Mrs. Michels, anything you would like to say in closing? Mrs. Michels: I don’t think so. Mr. Michels: Think approved. We’ve covered everything. Henzi: Thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Pastor. Pastor: I think I can approve this request. The residence is next to a busy road, obviously across the street from a busy business that may have some problems occasionally I agree. So I don’t--I think I can approve this. Henzi: Mr. Caramagno. Caramagno: I hear what your hardship is and obviously the berm has been removed from Newburgh Road and there is a lot of traffic that comes up and down from that mall. The garbage flies around and there’s got to be an incredible amount of noise that comes into backyard because of that--because of the traffic. There are others in the neighborhood even ones we’ve approved there on Newburgh Road that asked for very similar what you are asking for. You’re putting up a quality fence, it looks nice. I’m not concerned with you having a junk yard there and you are not fully enclosing the yard so I like this and I will be in approval. Henzi: Mrs. McCue. McCue: I agree, I will be in support as well. You obviously have a hardship with the location, safety, security and the trash and the whole nine yards. So for that I will be in support. Henzi: Mr. Duggan. Duggan: I too will be in support and I do like the choice you had on the fence as well. Mr. Michels: Thank you. Duggan: Good luck. Mrs. Michels: Thank you very much. Mr. Michels: Thanks. City of Livonia, Zoning Board of Appeals Page 23 of 27 April 15, 2014 Henzi: I too will support it. I like the fence as well. You know besides the berm there were mature trees all along Newburgh there and you really couldn’t even see the sides of a lot of those homes right in that section and now you can. In fact you can see in your back yard and I can imagine when folks are heading through the parking lot with their lights on if you’re outside it’s pointing right into where you are sitting around and nobody should have to go through that especially with the volume of traffic that they have. So, there is more than enough reason, in my opinion, that you should have that fence so I’m all for it. Mrs. Michels: Thank you very much. Mr. Michels: Thank you very much. Henzi: The floor is open for a motion. Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Upon Motion by Caramagno supported by Pastor, it was: RESOLVED: APPEAL CASE NO. 2014-04-20: An appeal has been made to the Zoning Board of Appeals by Christopher and Pamela Michels, 37353 Vargo, seeking to erect a 6-foot tall privacy fence upon a corner lot, along the side street property line resulting in the fence being excess in height, located in the side yard and not aligning with any fence on adjacent property. Privacy fences must end at the rear line of the dwelling and be within the side or front yard. Fence Height Allowed: Five feet Proposed: Six feet Excess: One foot The property is located on the south side of Vargo, (37353), between Newburgh and Vargo, Lot No. 031-01-0126-000, R-4B Zoning District. Rejected by the Inspection City of Livonia, Zoning Board of Appeals Page 24 of 27 April 15, 2014 Department under Fence Ordinance, Section 15.44.090A, 4bi, 4bii, and 15.44.090B “Residential District Regulations” be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the property is located on a major thoroughfare in the City with a large volume of traffic and abuts a shopping center, and the berm that previously separated the property from the road and the shopping center has been removed as well as the mature trees. 2. Denial of the variance would have severe consequences for the Petitioner because they cannot enjoy their property due to crime, lack of privacy, traffic noise, and litter. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because there is support from the neighbors and similar fences on neighboring properties that have been previously approved by this Board. 4. The Board received four 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 it be installed as presented to the Board. 2. That the project be completed within six (6) months. ROLL CALL VOTE: AYES: Caramagno, Pastor, McCue, Duggan, Henzi NAYS: None ABSENT: Sills, Rhines City of Livonia, Zoning Board of Appeals Page 25 of 27 April 15, 2014 Henzi: The variance is granted with those two conditions. You’ve got to install the type of fence that you proposed in the spot where you proposed it. And then you have six months in which to install it. Mr. Michels: Thank you. Mrs. Michels: Thank you very much, we appreciate it. City of Livonia, Zoning Board of Appeals Page 26 of 27 April 15, 2014 Pastor: Mr. Chair, we have some minutes to be approved I‘d like to make a motion to th approve March 11. Duggan: I will support that motion. Motion by Pastor, supported by Duggan, to approve the minutes of March 11, 2014. There being no further business to come before the Board, the meeting was adjourned at 7:55 p.m. __________________________ SAM CARAMAGNO, Secretary ___________________________ MATTHEW HENZI, Chairman /pcb City of Livonia, Zoning Board of Appeals Page 27 of 27 April 15, 2014