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HomeMy WebLinkAbout2013-01-22City of Livonia, Zoning Board of Appeals Page 1 of 13 January 22, 2013 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A SPECIAL MEETING HELD JANUARY 22, 2013 A Special Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Gallery of the Livonia City Hall on Tuesday, January 22, 2013. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Edward E. Duggan, Jr. Elizabeth H. McCue Kathleen Mcintyre Robert E. Sills MEMBERS ABSENT: Craig Pastor OTHERS PRESENT: Michael Fisher, Assistant City Attorney Dennis DeMeyer, City Inspector Bonnie Murphy, Court Reporter 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. Six (6) members were present this evening. 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 was one person present in the audience. City of Livonia, Zoning Board of Appeals Page 2 of 13 January 22, 2013 APPEAL CASE NO. 2012-11-54: David J. Pocock, 20515 Merriman, Livonia, Ml 48152, seeking to erect a detached garage. Detached garages must be in the rear yard. Nonconformity of the existing dwelling is based on the existing front yard setback of 20 feet where 50 feet is required. Detached Garage Area Allowed: 720 sq. ft. Proposed: 1344 sq. ft Excess: 624 sq. ft. Garage Height Allowed: 16 ft. Proposed 20 ft. Excess: 4 ft. Henzi: Is there a motion to remove from the table? Caramagno: Mr. Chair, I make that motion. Mcintyre: Second. Henzi: All in favor say aye. Board: (In unison) Aye. Henzi: The case is removed, thank you. Mr. DeMeyer, anything to add to this case? DeMeyer: The department has nothing to add at this time, Mr. Chair. Henzi: Any questions for Mr. DeMeyer? Hearing none, will the Petitioner please come to the podium. Good evening. Could you introduce yourselves again for the record? Petitioner: David Pocock, 20515 Merriman Road. Representative: I'm Jim Hall from Jay-Bilt Construction, 27820 Joy Road. Henzi: Gentlemen, you were here once before, twice before. You now have a new plan, can you tell us about what's different with this new plan? Petitioner: When we were here last, you guys suggested that we come back and do one big garage as opposed to two separate garages and these are the plans we submitted. Henzi: Mr. Hall, do you want to talk about the building materials, are they the same or different? Representative: The materials are still the same, it will be built the same way, it will be 2 by 6 construction of the walls, it will be 10 foot high walls with a loft, for extra storage. We're going to put a door on the front of the garage and a door off the back of the garage so he can drive, he has a tractor, so we'll make it easily accessible through the back of the garage, he can park it back in there without moving all the storage stuff he's City of Livonia, Zoning Board of Appeals Page 3 of 13 January 22, 2013 going to have inside there such as a trailer, boat, he'll park it right there. The construction remains the same, we just enlarged it a little bit which we're trying to - before the garage that was standing there was a 26 by 24 and then we were proposing to build a 24 by 32 which was 1,344 square foot between the both of them and twice it was actually denied both times. So it was suggested to tear the one down and build one large one but before we left last meeting they had asked how large can we go and we were told 1,100 square foot so we just thought we would ask for a couple hundred extra square foot and that would meet all the needs that he has for what he wants to store inside there without having to store anything on the outside. Henzi: The only other question I think I have is the height, you know there's a 16 foot height requirement and you're proposing 20, is that again because you're going to build a loft? Representative: We added a truss, we're going to use an engineered truss already pre- made, we ordered an engineered truss to go inside there, that way you can put a plywood floor up inside there, that way he can store some of his Christmas boxes and stuff like that upstairs. Henzi: Do you know the height of the existing garage? Representative: Yes. The one I built over on Ingram was the same plan and I think it ended up being 19.7, or 19.6, something like that. Henzi: I was talking about the one on Mr. Pocock's property. Representative: Oh, the existing one? It's probably about 15 or 16, yeah. Petitioner: We're also - it's going to be pushed back some, I think that was an issue before, being able to park cars in front of it. The idea is to - where the existing wires are, we're going to push it back 10 foot and then we'll build forward and then we'll put it back and we'll have cement in front like you say, park in front of it and it will be more off the street. Representative: We kind of designed the garage, too, from where you're looking at it from the street when you're driving, it has a reverse gable facing the front of it and then it had on the side like this right here, so when you look at it, you really won't pay attention, we kind of broke it up so where you see the 24 and the rest of it will go behind it, kind of hide it from the street so you don't really see the depth of it actually. Our architect helped to design it that way. Henzi: Okay. Any questions for the Petitioner? McCue: Mr. Chair. Henzi: Mrs. McCue. McCue: Maybe I missed this but so the current garage was attached, correct? City of Livonia, Zoning Board of Appeals Page 4 of 13 January 22, 2013 Representative: No, it was detached. McCue: It was detached? Representative: Yes. McCue: And you're leveling it? Representative: We're taking it down, yes, we're taking it down and we're going to be moving it back about 8 more feet. We're kind of close to Merriman Road right there as far as parking cars in front of it, so by taking it back an additional 8 foot, that would give us more room out in the front of the garage right there, and make it a little easier to get inside the house and stuff like that. McCue: Thank you. Representative: The lot is rather deep right there so the depth that we're asking for really you won't even see from the street really the way we've got it designed from the front, whether it be 24 foot deep or what we're asking for it will blend really nice with the property. Henzi: Any other questions? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: To the Petitioner, I noticed that you've decreased the width of the garage by two feet? Representative: 24 foot is what it was before, I believe. Sills: Well, what I'm looking at is-- Representative: Oh, I'm sorry, yes. You mean the existing garage? Sills: It was 26 feet, 1 inch. Representative: Right, right, yes, we did. Sills: Now, why did you go to 24 feet? Representative: Because the trusses, in order for the trusses to go inside there, the wider the span is on the garage, the more heavier the truss you have to have and the more costly it becomes. So it makes the garage even higher actually because now the bottom core of that truss that's set on the outside wall now has to become thick enough City of Livonia, Zoning Board of Appeals Page 5 of 13 January 22, 2013 to be able to support the weight of the garage. So by cutting it down to 24 foot, we were able to stay within the standard truss package actually. Sills: All right, thank you. Henzi: I have a follow-up on that to make sure I'm clear. Are you demolishing the existing and rebuilding? Representative: Yes. Taking it out, taking the footings that are there out, taking the floor that's there and taking the whole thing right out and start it from scratch. 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 to the podium. No one coming forward, will you read the letters? Caramagno: Phyllis Evans sends an objection, she lives at 31468 Merriwood Park Drive, (letter read). And R.R. Houser of 31400 Merriwood Park Drive also sends an objection, (letter read). That's it. Henzi: Gentlemen, anything you'd like to say in closing? Representative: All I'm saying is last time I think you had eight of them, all from the same subdivision and that subdivision is actually quite a bit behind it quite a ways. Henzi: Okay. Anything else? Petitioner: No. Henzi: I'll close the public portion of the case and begin the Board's comments with Mr. Sills. Sills: Well, I'm a little bit undecided for a couple reasons. One is because of all of the negative letters you received. I do realize that most of them are from the condominiums in the back and I think that the other reason for my indecision is because you've really tried, you've come back every time and every time you've come back you've done what we've asked you to do. And I like your new plans, unfortunately the house and everything- well, it was out of ordinance to begin with, you had no choice in that matter. And I think what you're trying to do, this makes it look a lot better, so considering all of these factors I think you've done about all you can do without demolishing the entire estate. So I think I could support this the way it is. I think you're doing what we asked you to do, you got rid of that third building so to speak and you dressed up the present garage and I think I could support it the way it is. Henzi: Mrs. Mcintyre. Mcintyre: I'm very comfortable supporting it now that with this request to tear down, start it new, I appreciate all the expense and effort you've gone through to find a way to do that. I think the things that you're asking for with size and the height, you have City of Livonia, Zoning Board of Appeals Page 6 of 13 January 22, 2013 compelling reasons as to why, being able to use engineered trusses. The other thing that stuck out for me and I drove by this property again today because it had been a while and I think that people that move here and want to go to significant expense and trouble to significantly improve a property is always appreciated but the allowable lot coverage of 20 percent, this is a large lot, so I'm very comfortable with everything that's been done on the new plans. Petitioner: Thank you. Henzi: Mr. Caramagno. Caramagno: Well, sir, I see you've come a long way. I was glad to see one structure rather than multiple on the same property. The height doesn't concern me at all because of the relationship of the commercial buildings to the north. I think what you're proposing here makes good sense, it helps you in your driveway situation, if I remember you don't have a basement and simply could use some storage that's for sure. I think also that with the old garage coming down, personally I didn't care for it at all no matter what you would have done to it. We haven't talked about the shed at all. Petitioner: That's coming down, too. Caramagno: The only issue I've got it seems a little large compared to the house, the garage seems a little bit on the large size, I was hoping something like 1,200, 1,250 square feet but that's where I stand right now. Henzi: Mr. Duggan. Duggan: I will be in support. I remember the last time you were here my complaint was you wanted to keep the garage and make another one and I didn't like that and then have another huge big garage on the back end of it, so I like how you combined it into one. I remember all the letters, I remember that was a big miscommunication because they thought you guys were going to be running a business out of your garage so I appreciate you guys making the changes and I will be in support. Petitioner: Thank you. Henzi: Mrs. McCue. McCue: I will also be in support. It's fine considering the location and the buildings around. I am happy you reduced it down to one garage. It's one thing when you make an exception on one line, but when you start doing it with multiples, that creates another problem. Lot coverage is more than fine. And again, we go back to the issue that you have no basement, it's a smaller house and you need the space. In addition, I agree, that you've been extremely willing to work with us and I will totally be in support of it. Petitioner: Thank you. City of Livonia, Zoning Board of Appeals Page 7 of 13 January 22, 2013 Henzi: I, too, will support a large garage. There's lots of reasons, most of them have already been hit on, for supporting a large garage. It borders light manufacturing commercial, it's not going to impact other residential owners in my opinion. I think a lot of our complaints early on were not so much against a big garage but against its use. However, in exchange for the height, I would limit it to 1,100. Mr. Caramagno suggested 1,200 which I guess I could go with. But we don't give 20 foot height garages too often so that would be my compromise but we'll see what there's consensus for. The floor is open for a motion. Upon Motion by Duggan, supported by Caramagno, it was: RESOLVED, APPEAL CASE NO. 2012·11-54: David J. Pocock, 20515 Merriman, Livonia, Ml 48152, seeking to erect a detached garage. Detached garages must be in the rear yard. Nonconformity of the existing dwelling is based on the existing front yard setback of 20 feet where 50 feet is required. Detached Garage Area Allowed: 720 sq. ft. Proposed: 1344 sq. ft Excess: 624 sq. ft. Garage Height Allowed: 16 ft. Proposed 20 ft. Excess: 4 ft. The property is located on the west side of Merriman (20515) between Norfolk and Eight Mile, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because it borders industrial businesses to the north. 2. Denial of the variance would have severe consequences for the Petitioner because it is a unique property based on its location off Merriman and needs the space based on the way the house was built originally. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because it does neighbor a number of industrial businesses. 4. The Board received no letters of approval and two (2) letters of objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because it is zoned "Medium Density Residential" and the granting of this variance is not inconsistent with that classification. City of Livonia, Zoning Board of Appeals Page 8 of 13 January 22, 2013 Henzi: There's a motion to approve with conditions by Mr. Duggan and supported by Mr. Caramagno. Is there any discussion on it? Duggan: Do you want to give him the full 1,300 or 1,200? Henzi: You could go with the 1,200 and the others might support the full thing. McCue: My only concern is what are they going to have to do to go back and get it adjusted cost-wise? Petitioner: You're talking four feet, for the expense of going and redoing it, four feet is going to rnake a world of difference. Henzi: I don't disagree, but the height is 16 feet and my counter to what you just said is why do you need 20, it's only 4 feet. So that's why there's two of us who say in exchange for 20 feet, you shouldn't get 1,344 but there might be four people who say you should get the whole thing. Petitioner: I would greatly appreciate it. Duggan: Well, let's go for the full 1,344 that you propose. Henzi: So your motion is? Duggan: So it's going to be as presented here on this plan and with the square footage as presented here by the Petitioner this evening. Henzi: Is there support for that? Sills: Support. Henzi: All right. Support by Mr. Sills. Any discussion on that? Fisher: Mr. Chair, are you going to have a demolition condition? Henzi: Yes. Duggan: And you've got to demolish the existing and pull the appropriate permits and remove the shed. Henzi: Mr. Sills, is that good with you? Sills: Yes. Henzi: And then do you want to limit the electrical? Duggan: Yes, the 110 volt. City of Livonia, Zoning Board of Appeals Page 9 of 13 January 22, 2013 Henzi: Anything else? Do you want to make a condition no other out buildings? Duggan: Absolutely. Henzi: Mr. Sills. Sills: No other out buildings and I think we should have a timeframe on that. Duggan: When do you guys plan to start building? Representative: Now we're up against the weather so as soon as we can. I'm going to say I'd like to start it in March. Duggan: So six months then? Mcintyre: For completion, right? Representative: Not for completion. We probably won't even get a permit for the garage until March as far as timeframe for the garage. And we have an addition to put on, too. The addition is probably a good month away from getting the prints done and get the approval for the permit and get going on that right there and we can go to that right after that. So it would probably be about two months or so just on the addition so that would put us into March. So into March, we can start the garage, get the garage started, get the garage up with a regular cement floor. So the weather has to be in a little better- not like it is today for sure, it would be rough. Sills: Can we say completion by June the 1st? Representative: I think that would be real close for us, yes. Duggan: Would August 1st give you guys enough time? Representative: Oh, definitely. Petitioner: We want to get it done as soon as we can. Duggan: Is that too much time? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: If I may, in reviewing the letters from the neighbors, there was quite a bit of concern about the usage of this garage. The concern was that you were going to be doing auto repair in this garage. Is there anything that we can do to protect against that? City of Livonia, Zoning Board of Appeals Page 10 of 13 January 22, 2013 Duggan: Add a condition to not start a business out of your garage, what can we do? Henzi: Maybe Mike can tell us. Fisher: Well, a condition has been inserted in previous variances like this. Duggan: Was it standard 110 volt so that it would make it very difficult, would that be enough? Sills: That would only be to prevent welding. Mcintyre: Can we say for noncommercial purposes? Sills: I think that would work, yes. We could include that. Henzi: Did you want to say enclose it in 90 days? Duggan: Sure. Henzi: Mr. Sills? Sills: Yes, that's agreeable. Fisher: Do you want to say anything about outside storage? Henzi: Traditionally we don't like it and that's one of the reasons why - Sills: That's one of the reasons he wants a large garage. Duggan: Wasn't that why you guys wanted it? Petitioner: Exactly. McCue: So we can make that a condition. Sills: We can make that part of the resolution, no outside storage. Henzi: Anything else? Upon Motion by Duggan, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2012-11-54: David J. Pocock, 20515 Merriman, Livonia, Ml 48152, seeking to erect a detached garage. Detached garages must be in the rear yard. Nonconformity of the existing dwelling is based on the existing front yard setback of 20 feet where 50 feet is required. City of Livonia, Zoning Board of Appeals Page 11 of 13 January 22, 2013 Detached Garage Area Allowed: 720 sq. ft. Proposed: 1344 sq. ft Excess: 624 sq. ft. Garage Height Allowed: 16 ft. Proposed 20 ft. Excess: 4 ft. The property is located on the west side of Merriman (20515) between Norfolk and Eight Mile, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because it borders industrial businesses to the north. 2. Denial of the variance would have severe consequences for the Petitioner because it is a unique property based on its location off Merriman and needs the space based on the way the house was built originally. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because it does neighbor a number of industrial businesses. 4. The Board received no letters of approval and two (2) letters of objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because it is zoned "Medium Density Residential" and the granting of this variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the garage be built as presented. 2. That Petitioner will demolish old garage and obtain all necessary permits. 3. That the electricity to the garage will be limited to 110 voltage. 4. That no other out buildings will be allowed on the property. 5. That the garage will be used for noncommercial purposes. 6. That no outdoor storage will be allowed on the property. 7. That the variance will be good for eight months. City of Livonia, Zoning Board of Appeals Page 12 of 13 January 22, 2013 ROLL CALL VOTE: AYES: Duggan, Sills, McCue, Mcintyre. NAYS: Caramagno, Henzi. ABSENT: Pastor. Henzi: The variance is granted and I'll read the conditions one more time so that we're straight. You've got to build it as presented which was the 1,344 square foot, 20 foot high structure. You've got to remove the shed. You've got to demolish the existing garage and pull the necessary permits. Your electricity is limited to the standard 110 voltage, no other out buildings, it's to be used for noncommercial purposes. The variance is good for eight months which means you've got eight months within which to complete construction. After you begin construction you've got to enclose it within 90 days and no outdoor storage. And then if you have any questions about any of those you can work with the Building Department because I know you'll be pulling permits. Petitioner: What do you mean by outside storage, I mean can we have cars parked in front of the garage? Sills: Barrels and boxes and things like that. Mcintyre: No junk in the yard. Henzi: That doesn't mean if your patio set is in the backyard that's outside storage. Petitioner: So you're saying kids toys and stuff like that? Henzi: Yes. Representative: Thank you. Henzi: Good luck. City of Livonia, Zoning Board of Appeals Page 13 of 13 January 22, 2013 There being no further business to come before the Board, the meeting adjourned at 7:30p.m. SAM CARAMAGNO, Secretary MATTHEW HENZI, Chairman /bjm