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HomeMy WebLinkAbout2013-03-05City of Livonia, Zoning Board of Appeals Page 1 of 16 March 5, 2013 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A REGULAR MEETING HELD MARCH 5, 2013 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 5, 2013. MEMBERS PRESENT: Matthew Henzi, Chairman Craig Pastor, Vice President Sam Caramagno, Secretary Edward E. Duggan, Jr. Elizabeth H. McCue Kathleen Mcintyre Robert E. Sills MEMBERS ABSENT: OTHERS PRESENT: Leo Neville, Assistant City Attorney John Podina, 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. Seven (7) 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 were six persons present in the audience. (7:00) City of Livonia, Zoning Board of Appeals Page 2 of 16 March 5, 2013 APPEAL CASE NO. 2011-04-10: Joseph Galante, 19515 Merriman Court, Livonia, Ml 48152, seeking to maintain a detached garage while constructing a new residence with attached garage, resulting in excess number of garages, garage area and excess lot coverage. PETITIONER FAILED TO APPEAR CASE NOT HEARD City of Livonia, Zoning Board of Appeals Page 3 of 16 March 5, 2013 APPEAL CASE NO. 03-03-06: Gerard and Maureen Chandler, 9242 Bassett Court, seeking to construct an addition to a detached garage resulting in excess garage area. Garage Area Allowed: 660 sq. ft. Proposed: 300 sq. ft. Excess: 140 sq. ft. Henzi: Mr. Podina, anything to add to this case? Podina: No, not at this time, sir. Henzi: Any questions for the Inspection Department? Hearing none, will the Petitioners please come forward? Good evening. Petitioner: (Maureen) It's not a birdhouse. Henzi: Can you tell us your names and address, please? Petitioner: (Maureen) Maureen Chandler, 9242 Bassett Court. Petitioner: (Gerard) Gerard Chandler, 9242 Bassett Court. Henzi: Go ahead and tell us about your proposal. Petitioner: (Maureen) We are proposing to put an addition on the east side of our garage, 18.5 feet long by 7 feet wide, specifically for storage of equipment and also so we can put our truck in our garage. Henzi: Any contracts with a builder? Petitioner: (Gerard) I did get one estimate, but I didn't proceed any farther until after the hearing tonight. Henzi: Can you tell us about the building materials that you would use? Like shingles to match, siding, the door? Petitioner: (Gerard) Yes. I want to mimic the garage so that it doesn't stand out. It would be the same siding, the same look on the addition. Henzi: Can you give us a little more detail as to what you're going to use it for. Petitioner: (Gerard) Woodworking. Henzi: Describe that for us if you will. City of Livonia, Zoning Board of Appeals Page 4 of 16 March 5, 2013 h. Petitioner: (Gerard) I want to put all my woodworking in it, you know, in the addition, so that I can park my truck in there. I like doing birdhouses, wishing wells, stuff like that. Petitioner: (Maureen) Right now with that stuff there we can't put our truck in the garage, we have an F-150 and it doesn't fit. The truck's been broken into once already sitting in the driveway. We can't see it from our house because our house faces west, the garage faces north, we can't see the truck from inside sitting in the driveway. I also have something from Livonia Police, the police report from when the truck got broken into in the driveway. Henzi: When was that? Petitioner: (Maureen) February 251 Mcintyre: Of this year? Petitioner: (Maureen) Yes, just a couple weeks ago. Henzi: Any questions for the Petitioners? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You have a shed on the back side of your garage, what do you have in there? Petitioner: (Maureen) All my lawn equipment, patio furniture, lawnmower, lawn vac, edger, weed whip, all of our lawn equipment is in the shed. Pastor: You need another couple hundred square feet, 100 and some odd square feet for doing the woodworking, is that what you're saying? Petitioner: (Maureen) Yes. Pastor: That shed, does that shed have a- what kind of power is in that shed you have right now? Petitioner: (Maureen) Just a light bulb. Pastor: Just a light bulb. That would be all for now. Henzi: Mr. Sills. Sills: Craig took my question. Henzi: Any other questions? I have one. Do you have a basement in your residence? Petitioner: (Maureen) Yes. City of Livonia, Zoning Board of Appeals Page 5 of 16 March 5, 2013 Henzi: On the addition are you going to have a service door or even a small garage roll up door? Petitioner: (Gerard) No. Henzi: I mean are you going to have an approach with the driveway extending over? Petitioner: (Gerard) No. Petitioner: (Maureen) We have a picture of where it will go if you want to see it. Henzi: Sure. Petitioner: (Maureen) (Picture shown) This is the side of our garage and this is where It will go. Henzi: Okay. Any other questions? Sills: I'm surprised the truck got broken into, I saw a beautiful dog in the yard. Petitioner: (Maureen) Thank you. She must have been sleeping. Sills: She wasn't sleeping when I was there. Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Do you have any windows on the side of that garage or any openings at all in there? Petitioner: (Gerard) No. Caramagno: Is it going to be insulated? Petitioner: (Gerard) No. Caramagno: Is the rest of the garage insulated inside? Petitioner: (Gerard) Yes, it is. Caramagno: Do you work in there all times of year or just in the summertime? Petitioner: (Gerard) I do work all year, yes. Caramagno: Have you had any neighbors complain about working maybe in the garage as it gets later at night? City of Livonia, Zoning Board of Appeals Page 6 16 March 5, 2013 Petitioner: (Gerard) I'm usually done by 9:00, no, I don't. Caramagno: Okay, thank you. Petitioner: (Maureen) We're never out there past 8:30, 9:00 at night. Caramagno: Okay. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Is this a business that you're doing, mantles and birdhouses? Petitioner: (Maureen) Oh, no. Pastor: What do you do with them? Petitioner: (Maureen) The mantles, we use them for our house and the benches and birdhouses we just make it like, we have it in our backyard. Pastor: That's fine. But if you're continuously doing this, what do you do with the stuff that you're continuously doing? Petitioner: (Maureen) His mom, his sister. Petitioner: (Gerard) My mom wanted one, my sister wanted one and all of a sudden I've got a half a dozen I've got to make, you know. Henzi: I've got one more question. Is the standard electrical service going to be okay for it? Petitioner: (Gerard) Yes. Pastor: What's in the garage now? Do you have 220 in your garage right now? Petitioner: (Maureen) No, 110. Pastor: You just have 110? Petitioner: (Maureen) Yes. Pastor: Okay. Henzi: Anybody in the audience want to speak for or against this project? If so, come on up to the table. City of Livonia, Zoning Board of Appeals Page 7 of 16 March 5, 2013 Scott Fisher: My name is Scott Fisher and I live at 49143 Minton and I would be facing this project, my home is right over here. And we have no problem with this project and we know that the Chandlers will build it to match perfectly and it will be a fine asset for our neighborhood. And I do some woodworking with Jerry and he borrows a lot of my equipment I do know that he does quit work every night, I know that's a big question. At 9:00 he's out of there. He never makes excessive noise or bothers anybody. Henzi: Thank you very much. Is there anybody else that wants to speak for or against the project? Seeing no one else, can you read the letters, please. Caramagno: Kenneth Prox sends an approval, at 39420 Minton. Sharon Raszkowski, 38987 Minton, sends an approval. Annette Puczkowski at 9387 Patton sends an approval Kathleen Lack at 9186 Bassett Court West sends an approval. Philip Puczkowski at 9387 Patton sends an approval. Donald Mclellan at 39222 Minton, sends an approval (letter read). Daniel Main at 39092 Minton sends an approval. Daniel Sutliff at 39166 Minton sends an approval (letter read). Jacob Craighead at 9179 Adams Street, sends an approval (letter read). Helen Costner at 39066 Minton sends an approval (letter read). And Russell Mason at 9178 E. Bassett court sends an approval (letter read). Henzi: Mr. and Mrs. Chandler, is there anything you'd like to say in closing? Petitioner: (Maureen) Just we take pride in our house and it will be well maintained and we take pride in our neighborhood. I do a lot in our subdivision with my neighbor, we take care of the entrance to our sub and we never put down anything that is anything but perfect so it won't be an eyesore, I can tell you that Henzi: Thank you. I'll close the public portion of the case and begin the Board's comments with Mrs. McCue. McCue: I see no reason why we wouldn't support this. I don't think this is a huge variance, you have overwhelming support from your neighbors, if you would go ahead and make sure you're done by 9:00 every night, any of those types of things I can't see that you improving your garage by that small amount with the overwhelming support would be a detriment to the neighborhood so I would be in support. Henzi: Mr. Duggan. Duggan: I, too, would be in support. Your property is unique, you're on the corner there, and the garage faces the other way, you've got support from a lot of your neighbors. Your house is well kept, I thought it's a great little house today when I was driving by and well kept so I will also be in support. Henzi: Mr. Pastor. Pastor: Yes. Normally I would not have supported this, especially when I read the application at first I said no way. They want 800 square feet of garage when they City of Livonia, Zoning Board of Appeals Page 8 of 16 March 5, 2013 only have 1,000 square feet of house, but looking at the property, looking at the project I think I can support this. It's not something I would normally do. It's not an oversized lot, you know, those are the things we usually take into consideration but there's no question you have one of the nicest lots in that subdivision so I think I will support this. Petitioner: (Maureen) Thank you. Henzi: Mr. Caramagno. Caramagno: I would echo some of the things that have been said already. You've got strong support from your neighbors, you know, ten letters, whatever those were. Your property as the others have said is probably the nicest in the subdivision, maybe one of the nicer ones in the entire city so that certainly can help you. Petitioner: (Maureen) Thank you. Caramagno: And you have a hobby that really can't be done indoors, you can't cut, saw, sand wood inside your house, so your hobby lends itself to having to do something outdoors and I understand you'd like to park your cars in the garage, most people do, so I will be in support of this as well. Petitioner: (Maureen) Thank you. Henzi: Mrs. Mcintyre. Mcintyre: Full support for all the reasons just mentioned. Your house is beautiful and well maintained and any time that we can- I mean regulations exist for a reason, but when a reasonable one can be granted to people who are nothing but attributes to our city and their neighborhood, and I think it's an easy decision for me. Henzi: Mr. Sills. Sills: I can't throw any more bouquets at you than what's been thrown already. You've got wonderful neighbors, you've got beautiful property and I even saw you cleaning house, I saw you dusting inside. I wish some of my neighbors were like you. Your woodworking hobby is nice, I've always enjoyed working with wood myself. I see no reason why you shouldn't have full support on this. Petitioner: (Maureen) Thank you. Henzi: I, too, will support the application for all the reasons stated. I'm persuaded by the Petitioner that this is not a business that's to be occupied. I'd like to see a couple conditions. One, that the standard electrical remain. And number two, that the building materials match what's existing and that it be constructed in the same fashion as presented. So the floor is open for a motion. City of Livonia, Zoning Board of Appeals Page 9 of 16 March 5, 2013 Upon Motion by Mcintyre, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2013-03-06: An appeal has been made to the Zoning Board of Appeals by Gerard and Maureen Chandler, 9242 Bassett Ct., Livonia, Ml 48150, seeking to construct an addition to a detached garage resulting in excess garage area. Garage Area Allowed: 660 sq. ft. Proposed: 800 sq. ft. Excess: 140 sq. ft. The property is located on the east side of Bassett Ct. (9242) between Minton and Eckles, Lot No. 123-02-0075-000, R-1 Zoning District, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because of the configuration of the lot and where the property is located being on a corner lot the Petitioners cannot see their vehicle in their drive. 2. Denial of the variance would have severe consequences for the Petitioner because it is not an unreasonable request and has the full support of the neighbors. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the Board received no opposition from same. 4. The Board received 11 letters of approval and no 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 "Low 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 it be built as presented to the Board. 2. That standard electrical (110 amp) be utilized. 3. That the building materials will match the existing structure. 4. That it be built within six months. ROLL CALL VOTE: AYES: Mcintyre, Sills, McCue, Pastor, Duggan, Caramagno, Henzi NAYS: ABSENT: City of Livonia, Zoning Board of Appeals Page 10 of 16 March 5, 2013 Henzi: This variance is granted with the following conditions, I'll read them one more time. That you continue with the standard electrical service you have now. The materials are to match the existing and build it as presented in your application and then it's good for six months and that doesn't mean that it expires, it just means that you've got six months within which to complete. Petitioner: (Maureen) Thank you very much. City of Livonia, Zoning Board of Appeals Page 11 of 16 March 5, 2013 APPEAL CASE NO. 2013-03-07: Razvan and Emilia Ghiorghiu, seeking to modify a previously approved resolution from 2012-10-52 in which the existing home was to be removed after completion of the proposed home. Petitioner wishes to convert the existing house to a detached garage, creating excess number of garages and garage area. Garages Allowed: One Proposed: Two Excess: One Garage Area Allowed: 660 sq. ft. Proposed: 1,009 sq. ft. Excess: 339 sq. ft. Henzi: Mr. Podina, anything to add to this case? Podina: Not at this time, sir. Henzi: Any questions for the inspection department? Hearing none, good evening. Petitioner: (Razvan) My name is Razvan Toni Ghiorghiu, I live at 11401 Hubbell Street. Petitioner: (Emilia) Emilia Ghiorghiu, 11401 Hubbell Street. Henzi: I remember you distinctly from before, we're very familiar with the case and it all came down to whether you didn't know on that night whether you were going to want to keep the existing house to turn it into a detached garage, so take it from there, tell us why you decided to keep it. Petitioner: (Razvan) Well, I talked to my wife and we decided to keep it as a garage since I am going to take down the shed that is existing on the property right now. I'm a licensed builder, I have a lot of construction tools, shovels, generators, everything you know that you're going to build a house with. Plus I have the lawnmower, I have a half acre there, I'm going to need to buy a lawnmower tractor and if I have all this and store in the house garage, there's not going to be room for parking two cars. That was the only reason I'd like to keep the detached garage, for storage and to keep things in it so we can park cars in the house garage. Plus we have a baby right now which is nine months old and one on the way so our family expands and toys, and bicycles and you name it, we're going to be there and we'd like to keep everything inside for the safety of the kids and the tools that I have the kids will find a way to climb on it and hurt themselves. And I think keeping everything inside the yard is going to be looking clean and in talking to my neighbors I don't think I have anyone opposing that. Henzi: Can you tell us what you need to do to turn this house into a garage? Petitioner: (Razvan) I'm going to put two garage doors, two single car garage doors. I have a front door right in the middle so what I'm going to do is put two car garage, I have a picture here. And I'm going to take all the plumbing out from the house, City of Livonia, Zoning Board of Appeals Page 12 of 16 March 5, 2013 plumbing is not needed, meaning the tub, the sinks and all of the plumbing. Mr. John knows that we have, inside the walls we have PVC plumbing lines, that was the reason because it was temporary anyway, so we didn't break any drywall to build it back then so that is an easy fix to take it all down. The carpet will be removed. It's a slab home so the concrete is already there. Henzi: Any questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You have two garage doors you're planning on putting back there? Petitioner: (Razvan) Yes, two garage doors, it will still look nice. Pastor: For what reason, what purpose? Petitioner: (Razvan) Well, just to have access to it, I have a motorcycle and I have a scooter and it's easier for the lawnmower tractor to go in and out. If you have a problem with me putting a garage door on there, I don't have a problem to put it, I mean it saves some money for me. Pastor: Well, do you plan to put a driveway back there because you know if you're bringing motorcycles and scooters and cars and what not. Petitioner: (Razvan) I'm not going to bring any cars. A motorcycle, a scooter, a lawnmower, and you know, wheelbarrows that I've got to put in, you know, I'm not going to put any cars back there. Pastor: How many square feet is that house? Petitioner: (Razvan) I have from the paper from the City Hall 710 square. Pastor: This is 710? Petitioner: (Razvan) Yes. It was approved originally for a garage back in '67, I have the building approval here and a sketch of the property where it is. Pastor: So then your garage on the house is going to be another- Petitioner: (Razvan) 22 by 22. Henzi: 529. Pastor: So that's more than 1,000 square feet for both then. So that's 1,200 square feet. 529 and 710 is well over 1,000. Page 13 of 16 City of Livonia, Zoning Board of Appeals March 5, 2013 Henzi: The way it's written up is 480, not 710. Pastor: So what is it? Henzi: I don't know. Pastor: Because 480 is a substantial difference from 710. Caramagno: This is the garage in the backyard you're talking about? Pastor: Yes. Henzi: Yes. Caramagno: Was there an addition put on the back of that garage? Petitioner: (Razvan) It looks like it could be. If you like you can look and see if the City has records of that addition. Because I got this from the website. Caramagno: That could be the difference right there, the addition. Pastor: The Notice is incorrect, it should be 1,200 sq. ft. Henzi: The plot plan says 480. Pastor: Where is the plot plan, did I miss it? Henzi: Right here, the existing structure. Petitioner: (Razvan) I have this sketch right here, I pulled it from the website. Pastor: There's a 20 percent discrepancy in the square footage, they're talking 1,200 square feet instead of 1,000, 1,200 and change, that's a substantial difference. Neville: If you want we can take it back and if you wanted to adjourn a decision on this to resolve this issue. Pastor: The neighbors weren't notified of 1,200 square feet. Henzi: What he's trying to say is if nobody has raised an objection based on 1,000 square feet, they may have an objection if they knew it's 1,200 square feet. So on our write-up it proposes 1,009 square feet which would be 480 plus 529 so they didn't pick up the addition which I'm presuming you'd keep. You're not going to tear that down, are you? Petitioner: (Razvan) That would be more labor and cost to tear it down. Pastor: I think we've got to table this. City of Livonia, Zoning Board of Appeals Page 14 of 16 March 5, 2013 h Henzi: I think we're going to have to have you come back so that the public knows exactly what you're asking. Pastor: Do we table it or do we deny it for a new write-up? Sills: Probably table it. Pastor: Is there a new write-up on a tabling motion? Because usually a tabling motion means they come back to us with new products. I don't think they send new notices out on a tabling motion. I'm just trying to make it right. Petitioner: (Razvan) I have a question, don't you have this information in the file? Pastor: No. Henzi: No. Petitioner: (Razvan) Because that could take some time. Henzi: I mean when we drive out there, we look at the property. Petitioner: (Razvan) Yeah, it's a big property. If you look at sketch I have from the west side, the addition on the back of the house actually goes in so you can't even see it from the road. Sills: How long have you been living in this little house? Petitioner: (Razvan) Two years, a little over two years. Sills: I congratulate you for being together then. Petitioner: (Emilia) Thank you. Sills: I think one of you is living in that boat in the back. Petitioner: (Razvan) I'm telling you right now we don't have enough room for the walker so that's why we need the bigger home. Henzi: I think tabling is the quickest way to get you back on because you don't have to pay a fee. If we deny you'd have to pay again and I think that would be unfair to make you pay because it's not your fault. We will table it. Let me look and see what the next available hearing is. Sills: I think March 191 Henzi: That agenda is closed. The next meeting would be April gth. Page 15 of 16 City of Livonia, Zoning Board of Appeals March 5, 2013 Petitioner: (Razvan) Okay. Sills: Can we make it part of the resolution to have new letters go out to all the people again? Henzi: Yes, we're going to have to correct it because it obviously went out wrong. Pastor: Mr. Chair. Henzi: Mr. Pastor. Upon Motion by Pastor, supported by Caramagno, it was: RESOLVED, APPEAL CASE NO. 2013-03-07: An appeal has been made to the Zoning Board of Appeals by Razvan and Emilia Ghiorghiu, 11401 Hubbell, Livonia, Ml 48150, seeking to modify a previously approved resolution (2012-10-52) in which the existing home is to be removed after completion of the proposed home. Petitioner now wishes to convert the existing house to a detached garage, creating excess number of garages and garage area. The February 18, 2013 Public Notice, which was based upon information initially provided to the Board, provided as follows: Number of garages Allowed: One Proposed: Two Excess: One. Garage Area Allowed: 660 sq. ft. Proposed: 1,009 sq. ft. (480 sq. ft. existing) Excess: 349 sq. ft. However, based upon information provided to the Board by the Petitioners at the hearing, and a review of available documents, it became apparent that the square footage of the subject structure is larger than originally stated, thereby resulting in a greater amount of excess garage area. As a result, the information contained within the February 18, 2013 Public Notice and provided to the Board was inaccurate, and should be corrected. The property is located on the west side of Hubbell (11401) between Plymouth and Dalhay, Lot No. 138-99-0040-000, RUF Zoning District, be tabled for the following reasons: 1. So the Petitioner can provide detailed plans showing the proper square footage of the subject structure. 2. To allow a new Public Notice to be sent to neighboring properties regarding the amended square footage of the garage area. ROLL CALL VOTE: AYES: Pastor, Caramagno, Mcintyre, McCue, Duggan, Sills, Henzi NAYS: Page 16 of 16 City of Livonia, Zoning Board of Appeals March 5, 2013 ABSENT: Henzi: Since it's tabled let me ask, Mr. Ghiorghiu, do you want April 9, that's the earliest? Petitioner: (Razvan) Yes. Henzi: So Bonnie is the person that she'll know now that you want the gth and she'll start the process. So the gth and a corrected Notice will go out. Upon motion by Pastor, supported by Mcintyre, to approve the minutes of November 13 2012 and November 27, 2012. All in favor. Upon motion by Carmagno, supported by Mcintyre, to adjourn the meeting. All in favor. There being no further business to come before the Board, the meeting adjourned at 7:41 p.m. SAM CARAMAGNO, Secretary MATTHEW HENZI, Chairman /bjm