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HomeMy WebLinkAbout2013-04-09City of Livonia, Zoning Board of Appeals Page 1 of 22 April 9, 2013 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A SPECIAL MEETING HELD APRIL 9, 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, April 9, 2013. MEMBERS PRESENT: Matthew Henzi, Chairman Craig Pastor, Vice President EdwaE. Duggan, Jr. Kathleen Mcintyre Robert E. Sills MEMBERS ABSENT: Sam Caramagno Elizabeth McCue OTHERS PRESENT: Michael Fisher, Assistant City Attorney Scott Kearfott, 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. 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 4 persons present in the audience. City of Livonia, Zoning Board of Appeals Page 2 of 22 April 9, 2013 7:00 APPEAL CASE NO. 2011-04-10: Joseph Galante, 19515 Merriman Court, seeking to maintain a detached garage while in process of constructing a new residence with attached garage resulting in excess number of garages, garage area and excess lot coverage. Henzi: Mr. Kearfott, is there anything to add to this case? Kearfott: I have nothing to add at this time, sir. Henzi: Any questions for Mr. Kearfott? Hearing none, will the Petitioner step to the podium, please. Good evening. State your name, please. Petitioner: My name is Joseph Galante and I live at 14329 Hubbell in Livonia. Henzi: Before we start are there any questions for - actually we need a motion to remove from the table first. Pastor: Mr. Chair, I'll make a motion to remove from the table. Mcintyre: Second. Henzi: All in favor. Board: (In unison) Aye. Henzi: This is removed, thanks. Scott, anything you want to add to this case? Kearfott: Not at this time. Henzi: Go ahead. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Scott, this case we heard a couple years ago and I thought the garage was supposed to be torn down; do you know why it's not torn down? Kearfott: No, I don't. Fisher: I can explain. Pastor: Well, basically someone overruled our decision. City of Livonia, Zoning Board of Appeals Page 3 of 22 April 9, 2013 Fisher: Well, not exactly. I think if I remember correctly at the time the decision was that a, they couldn't have the garage on its lonesome on the site; and b, that the Petitioner was supposed to post a bond for the cost of the demolition and he posted two grand with the Inspection Department which is still sitting there today. Pastor: But they were supposed to tear it down by the 151 of July or something like that. Fisher: Well, It is true- Pastor: Of 2011. Fisher: -- that the Inspection Department lost some of its zeal for tearing that thing down once they had the $2,000 in their hands because they figured they could tear it down any time once the deadline got past and they had the money in hand. I think, from reading the minutes and from the discussion I had with the Inspection Department, everybody wanted to see a house built on this site which is what's in the process of happening now. The controversy was about that which is still the same controversy about whether to let this building continue to exist there. Pastor: My point to this whole question is, does everybody wait two years to come back in front of a different Board to get permission again? Because that's what's happening. Fisher: Well, you may be on to something there, I can't dispute that. But that explains why they didn't go after having this garage torn down because they had the money in hand and they figured as long as we're sitting on the money, we can wait for whatever the determination is going to be once the house is built there. Pastor: So how does he get to come back in front of us? Fisher: Because he's got a different question now. No longer is he asking the thing he asked before and was denied on, i.e., can I have this garage sit by itself on the lot. Now the question is we've got house and garage- Pastor: No. He always wanted to keep the garage on the lot after he built the house. Fisher: No, I know but the actual deficiency, Zoning deficiency last time out was not having too much garage or too much lot coverage, his deficiency then was accessory building which was accessory to nothing. Pastor: Thank you. Fisher: So, it may not be right but it's not crazy. Henzi: Anything else? Okay. Go ahead, Mr. Galante. Petitioner: Well, I think maybe I'll just clarify it a little bit, too. The Zoning Department let me keep the garage up during my construction process to store construction materials and such as long as I started construction and they let me keep it up during City of Livonia, Zoning Board of Appeals Page 4 of 22 April 9, 2013 the timeframe and we stored construction materials in there and stuff. And then they also said you know once before I get the Certificate of Occupancy, I would need to tear it down or go in front of the Board again and that's why I'm here today, to try to save the garage. And originally on one of the - not the first meeting but one of the second meetings we had on that, I had proposed a ranch style house and I was trying to get I think about four different variances and the Board at that time I believe they didn't give me a real clear consensus on what change I needed to make that they would agree upon them because there were so many things. So they basically - so it was tabled at that time and in the meantime I redesigned a whole different house that met all the Zoning requirements that didn't need anything to come in front of the Zoning Board and I was granted my building permit and then I started construction I think it was late June last year and I plan on having it finished right about June 151 this year. And also at that past meeting, it was - someone had mentioned, one of the Board members about I want a five car garage, how many people do you think in Livonia have a five car garage. And I responded, I don't know, I imagine someone does and they felt that it was unheard of. Well, since then I've looked around the city a lot and I think I've provided everyone with an example of this one street in particular in Livonia where I think probably half the street has three car garages. And then I saw with the square footage of the total garage spaces and almost all of them are bigger than what I'm asking to have. And since this time has gone by, my wife is pregnant with another child now, he's going to be one in two weeks so we're going to have a lot of bicycles and kids' outdoor stuff and so even more than before we need the additional storage to keep everything stored and not all over the yard or in the drive or in the street. And you know the garage from the outside, you know it needs a little upkeep or renovating to it, but the inside of the garage is like new and it would just, if the Board allows me to keep the garage, I would bring the garage up to top shape and have it match kind of the house, same shingles and siding and paint the garage door to match the door on the house that I'm building. And as far as I know I don't think any neighbors at all are against this. And the ones I've talked to actually told me they really want to see me keep it, they said they're very happy I'm building a house there and making things look nice. And part of the hardship would be I need a place to store stuff. I've gone through the trouble to redesign my whole house to- you know I originally had a ranch, now I've changed it to a two-story colonial so there's less ground coverage for the lot coverage. I've moved the house back to the 50-foot setback. And like I said - and also, I understand since I originally applied for the building permit, correct me if I'm wrong, garages are now allowed to be up to 1,000 square feet is that correct? Fisher: Well, that's only the attached garages, not detached garages. Petitioner: Okay. Henzi: The plans that I'm looking at show that the attached garage is 667 square feet, do you agree with that? Petitioner: No. Which plans are you looking at? Henzi: Let me ask you, what is the existing, the three car garage? City of Livonia, Zoning Board of Appeals Page 5 of 22 April 9, 2013 Petitioner: The one that's currently built there right now? Henzi: On the city website it says 907 but I believe 900. Fisher: And on Randy's write-up it says 898. Henzi: Thank you. Any questions for the Petitioner? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: As I recall because I was here at that time, one of the problems with this garage is that it's much too close to your house. We have some pictures here which once again it's within approximately 8 to 10 feet. One of the problems was that no one wanted it that close to your house and you aren't willing to try to move it back or anything. What changed- I mean it was almost the exact same footprint for your house as it is today. Petitioner: Well, the first plans were a ranch and that was with a drawing at a 40-foot setback and the ranch, I don't even have those old drawings anymore, but I think the house was like about 46 feet deep and the new house is only 34 feet with this house. And I agree, I wouldn't want it that close to the house, that's why I originally asked for the 40-foot setback so I would have 10 feet further away from it but I can live with it, you know, I wouldn't choose to have that if I could have my way. But if that's what it is, I can live with it. I look at it and I see it there but I'd rather see that then a bunch of stuff all over the lawn. Pastor: Did you build a basement in your house? Petitioner: Yes. Pastor: You have a three-car garage, you have a basement, what is your hardship about having this garage? Because I don't see it. Petitioner: For outdoor storage stuff. I have four vehicles and my child has a lot of stuff and my wife loves gardening, we have a lot of gardening supplies. And this is a big lot, I'm going to need a lawn tractor to cut it and I don't want to leave that just sitting out in the yard and I don't want to have it in the garage with all of the gasoline to it and grass clippings and odor and also then I've got to pull everything out of the garage to get the lawnmower out to cut the grass. Pastor: You have a 900 square foot garage which is larger than the average garage, you have gasoline in your cars so saying you don't want gasoline in the garage is kind of a moot point. Petitioner: Well, the stink of the lawnmower with all the grass caked up underneath it and that stuff. We're trying to keep the garage just for the vehicles we're going to drive City of Livonia, Zoning Board of Appeals Page 6 of 22 April 9, 2013 every day and for the stuff the children are going to play with, their bicycles and their motorized battery powered cars and stuff. And we'll keep that back garage for the storage of all the yard equipment, seasonal storage of patio furniture, snowblowers, you know in the summertime the snowblower in there and garden supplies in the winter. Pastor: That's all for right now. Henzi: Any other questions? Hearing none, anyone in the audience want to speak for or against the project? Seeing no one coming forward, are there letters? Mcintyre: Yes, there are letters. The first letter is Aloise Anderle, am I pronouncing that right? Petitioner: It doesn't sound familiar. Mcintyre: She writes an approval, (letter read). The next letter is from Rita Anderle, approval, (letter read). The next letter is from Marilyn Adams, an approval, (letter read). The next one is from an approval from North Ridge Church on North Territorial in Plymouth. Henzi: It looks like somebody forgot to sign it. Mcintyre: So those are the letters, Mr. Chairman. Henzi: Anything you want to say in closing, Mr. Galante? Petitioner: I would just like to go over again, I need it, we need it. The money it would cost to tear down I can refurbish it and you heard that none of the neighbors are against it and like the one person wrote there and I forgot to mention, there are numerous homes on the street that have multiple garages. Henzi: Okay, thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Do you plan on putting a hard surface back to this garage? Petitioner: I don't because I plan on using it for storage and not for the daily garage park your car at night and drive out in the morning and I don't plan to use it for that at all. Pastor: What are you going to do with your fourth car? Petitioner: I'm going to park that in the- hopefully park it in that garage and store it for the season. City of Livonia, Zoning Board of Appeals Page 7 of 22 Apri/9, 2013 Pastor: But you just said you're not putting vehicles back and forth in that. Petitioner: Not daily. It would be twice a year, once in the fall and once in the spring. have an old Jeep that I use as my winter car and then I have a little Volkswagen that I have as a summer car. Pastor: Okay, thank you. Henzi: I'll close the public portion of the case and begin the Board's comments with Mr. Duggan. Duggan: I think the new house looks great, it looks better than before, much better, I think it looks great. I appreciate you going out and taking care of some of the variance issues and taking care of it yourself without having to come back. But my one issue that I'm struggling with, you know, I get you need more garage, I think having the garage you have now is a little big, I don't know if it's reasonable for you to have to tear it down and put up another one but I'm just having trouble getting over the fact that the original variance that we granted you here, you were eventually supposed to tear it down, tear down the garage you have there now. But you've made a lot of improvements to the property without coming back here and your neighbors support you and I noticed there were other detached garages on your street. But I'd like to wait and hear what other people's thoughts are on it because I don't want to override a variance that was written here. Henzi: Mr. Pastor. Pastor: Yes. I was here when we gave that variance and the full intent of that was to have that garage taken down. One of the main reasons was it was so close to the last house as it was back then as it is now, I mean according to that picture it only looks like it's 8 feet away from the back patio, the covered patio. I can't support this. I wasn't in favor of it then, I'm not in favor of it today, so I will not be in support. Henzi: Mrs. Mcintyre. Mcintyre: I agree that esthetically it's not desirable to have another garage that close to the house and it is a lot of garage. We live in a 1977 colonial with a two car garage, it's not ideal but we make do. But if we were building, I would want a bigger garage. However, given the fact that there is a second garage at another residence in that area, the fact that none of your neighbors object to it or all the neighbors that took the time to write approve it without qualification and given the fact that the house overall is a tremendous improvement and looks really good on the street, I can support it. I'm not crazy about it but for the reasons I just stated I could go ahead and support it. Henzi: Mr. Sills. Sills: I agree with Mr. Pastor. I think the existing detached garage is too close to the home. I also sat on this Board when they made the decision that the detached garage City of Livonia, Zoning Board of Appeals Page 8 of 22 April 9, 2013 had to go and I don't think that would change my mind now so I'm not going to support it. Mcintyre: Mr. Chair, may I ask a point of clarification? Henzi: Sure. Mcintyre: Mr. Chairman, at the time not having been on the Board at that time, that was a different floor plan that was approved, is that correct, the ranch? Henzi: Yes. Pastor: But it was similar in distance. Mcintyre: I understand. Petitioner: It wasn't approved, the ranch, from what I recollect from my first meeting. It was allowed to stay for a certain amount of time and during that time I was to present a building plan that was to be approved by the Building Department. Henzi: Really, it was hey, I found this property, I put an offer on it the next day, I want to do something with it, let me build, I don't know exactly what I'm going to build. Mcintyre: Okay. Henzi: That's the way I read the minutes. Unfortunately I can't support it. I understand the need for a large garage, too, but the garages or combination of garages that we approve of this size are always acre lot with 1,000 square foot houses, no basement. This is the biggest house on the street with a basement with a 900 square foot garage which is far and away bigger than the average in the City of Livonia. I'm not surprised that there's neighbor support because I mean you renovated that house and that piece of property looks terrific. If I lived on that street I'd be thrilled as well. But when I drove by today it really drove it home, it doesn't fit. That's a third of an acre and it is zoned RUF, but to me it's an ordinary subdivision street. If you were on the other side of the street, it could be a completely different ballgame in my opinion because you would have a nearly one-acre lot. To me these are houses that are close together and there's no backyard, it doesn't fit, I'm sorry. So having said that the floor is open for a motion. Upon Motion by Pastor, supported by Sills, it was: RESOLVED, 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. Number of garages Allowed: One Proposed: Two Garage Area Allowed: 660 sq. ft. Proposed: 1,338 sq. ft. Lot Coverage Allowed: 20% (3,106 sq. ft.) Proposed: 23.1% (3,598 sq . ft.) City of Livonia, Zoning Board of Appeals Page 9 of 22 April 9, 2013 Excess: One Excess: 678 sq. ft. Excess: 3.1% (492 sq. ft.) The property is located on the west side of Merriman Court (19515) between Seven Mile and Pembroke, Lot No. 007-99-0020-001, RUF-A Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10 (5) "Garage, Private" and 18.24 "Residential Accessory Building", and 5.11 'Lot Coverage - Section Limitations" be denied for the following reasons and findings of fact: 1. The Petitioner has not demonstrated that a practical difficulty exists because there is no uniqueness. 2. The alleged practical difficulty does not entail more than mere inconvenience. 3. The garages the Petitioner proposes to erect/maintain are grossly disproportionate to the size of the lot. 4. The property is classified as "Low Density Residential" in the Master Plan and the proposed variance is not consistent with that classification because due to the closeness of the garage to the house it does not fit with the neighborhood. FURTHER, This variance is denied with the following conditions: 1. That the garage be demolished by June 30, 2013. ROLL CALL VOTE: AYES: Pastor, Sills, Duggan, Henzi NAYS: Mcintyre. ABSENT: Caramagno, McCue. City of Livonia, Zoning Board of Appeals Page 10 of 22 April 9, 2013 7:34 APPEAL CASE NO. 2013-03-07 (Tabled on March 5, 2013) 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 wishes to convert the existing house to a detached garage, creating excess number of garages and garage area. Henzi: Is there a motion to remove from the table? Pastor: Mr. Chair. Henzi: Mr. Pastor? Pastor: I make a motion to remove from the table. Henzi: All in favor say aye. Board (in unison): Aye. Henzi This is removed. Scott, anything you want to add? Kearfott: Not at this time. Henzi: Any questions for the Inspection Department? Hearing none, will the Petitioners please come forward? Good evening. Petitioners: Good evening. Henzi: Could you give us your name and address again? Petitioner: (Emilia) Emilia Ghiorghiu, 11401 Hubbell Street. Petitioner: (Razvan) I'm Razvan, Tony, Ghiorghiu, 11401 Hubbell. Henzi: You were here not too long ago and we got into it and realized that the Public Notice went out incorrect so if you want to pick up where we left off so to speak and tell us why you want to keep the second garage. Petitioner: (Razvan) Well, we'd like to keep the second garage for the purpose of storage. You heard this tonight already. We now own a 540 square I think it is with the new house we're going to build, it's only a two-car garage in the front and we'd like to keep parking the cars that we're driving every day and then keep the garage in the back lot which is about 72 feet away from the house itself. We are not going to build a driveway, concrete driveway or anything like that. Basically this building used to be a garage approved by the city. So we turned it into a house temporarily, so all the plumbing, all the sinks and toilets will be removed to be used for storage, more like for storage, not really a garage, I'd like to keep it. And I'm a little bit confused when I City of Livonia, Zoning Board of Appeals Page 11 of 22 April 9, 2013 purchased the property, this property had a five-car garage existing. So that's why I'm kind of confused why I'm here because there was a house in the front, 800 square feet house, with a single attached garage 10 by 20. Then in the middle of the lot was a 24 by 24 garage which I demolished, plus this was a garage. Henzi: There were three buildings? I thought there was only two buildings. Petitioner: (Razvan) No, three buildings, two sheds. I already knocked the sheds down already. So the existing shed that I have down there and the aluminum or galvanized canopy, I'm going to take it down, it's not going to stay. So that's why I'm confused why I'm here. I mean, it was grandfathered in. Henzi: In addition to that one, though, right? Petitioner: (Razvan) Yes. Henzi: So the shed you're talking about is not the 10 by 20? Petitioner: (Razvan) No, no, that was a complete shed outside, two separate sheds were there, a house and attached garage, a single car garage, plus a 24 by 24 garage in front of this house that is here and this garage. Fisher: Mr. Chair, if you'd like, I can address that. Henzi: Sure. Fisher: Now, in order to maintain a grandfathered status, the property can't add changes. Because if you start demolishing buildings and putting up new buildings, the grandfather dies. Petitioner: (Razvan) I was told to take it out. Fisher: I don't disagree with that, I'm just telling you the upshot of putting up new buildings on that property there's no more grandfather. Petitioner: (Razvan) Two and a half years ago there was a five-car garage on that lot. Henzi: Go ahead. Petitioner: (Razvan) The garage is not that big, I know I'm over the 1,000 feet combined, but it's not an excess. Like I said, I'd like to keep it for storage, but if you don't want me to put a garage door installed in there, that's fine, but I need some kind of oversized door so I can pull in the tractor. Henzi: Any questions for the Petitioner? Pastor: Mr. Chair. City of Livonia, Zoning Board of Appeals Page 12 of 22 Apri/9, 2013 Henzi: Mr. Pastor. Pastor: I assume you're building a basement in the new house? Petitioner: (Razvan) Yes, I am. Pastor: Your new garage on the house is how many square feet? Petitioner: (Razvan) Roughly 529, it is 22 by 23. Pastor: Okay. I'm looking at your drawing of what you're going to do to your garage, what's the purpose in the skylights? Petitioner: (Razvan) They were there before, I don't know what to do with them. Pastor: So it's not something you added, they were existing? Petitioner: (Razvan) No, they were already there, I didn't add anything to that house except update it so I can live in it. Pastor: Can you tell me why you have so many vehicles in your yard, you have two campers and a boat, three cars, are you storing other people's stuff? Petitioner: (Razvan) Yes, my neighbor. The next door neighbor he asked me if he could put his boat down here for the winter because he's afraid of branches coming down from the trees, he's got a lot more trees in his yard. And I said go ahead, I don't have a tree there. So he's going to pick it up out of there probably in a couple weeks before I start digging. Because if I start digging, I can't move him out of there, you know. Pastor: Do you own both those campers? Petitioner: (Razvan) Yes. And they'll be for sale, both of them. So I'm trying to get my money out of them so I have money for the house. I'm not going to keep them. Pastor: You're not in the resale business of boats and campers and stuff like that? Petitioner: (Razvan) No. We have a trucking company that we own, semi-trucks and we can't park those there, tractor-trailer. But I do have a lot of parts for the trucks, tires, which I like to keep inside, I don't like them out in the yard. Probably you saw the tires back there in the back by the shed. Pastor: You're going to keep your trucking business tires in your garage? Petitioner: (Razvan) Well, I don't have any other storage, you know. Pastor: What else are you going to do in this garage? City of Livonia, Zoning Board of Appeals Page 13 of 22 April 9, 2013 Petitioner: (Razvan) Just storage, I'm not going to work or anything inside of it, I'm not fixing anything, just storage. I'm a licensed builder and I do have wheelbarrows, ladders and tools. Pastor: You're not creating an office in this garage or anything? Petitioner: (Razvan) No. I have a basement in my house for that. Pastor: The last time we talked you had an addition on the back of this which basically brought up the Public Notice. Petitioner: (Razvan) The difference in the square- Pastor: Yes, the square footage. I believe and I don't recall was there some talk when you were talking about possibly removing that extra square footage off of there or are were you trying to maintain that? Petitioner: (Razvan) No, the only way I'm trying to maintain is that's the way it was built, I haven't built anything, I've only demolished on this lot, I haven't built anything. Pastor: But that is an addition on the back of that so-called garage? Petitioner: (Razvan) Yes, somebody built it before I purchased the property. I have no idea what happened. Pastor: Thank you. Henzi: Why don't you store things like the campers and tires at your shop? Petitioner: (Razvan) I don't have a shop, I'm not that big of a trucking company. I don't - my trucks, I don't have mechanics to fix the trucks, the trucks go to other mechanics to fix them, I don't have a shop. They are home, my drivers are home like three days a month and they have a parking spot on Ecorse and 94 area, a truck stop that they park and stay there for three days and then they go back on the road. Henzi: Got it. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: How many trucks do you have? Petitioner: (Razvan) right now we're down to two, they stole one from right here from the City of Livonia. The truck and trailer, they stole the whole thing. I used to have three trucks and three trailers and now I'm down to two trucks and two trailers. Pastor: You don't drive? City of Livonia, Zoning Board of Appeals Page 14 of 22 April 9, 2013 Petitioner: (Razvan) No, not anymore. Pastor: So you're going to work out your house for your business? Petitioner: (Razvan) Yes, office manager, you know, dispatcher kind of thing. Pastor: Thank you. Henzi: Any other questions? Hearing none, anyone in the audience want to speak for or against the project? Seeing none, can you read the letters? Mcintyre: Yes. There's a letter from Brian Merriman, 11425 Hubbell Street, approval, (letter read). Henzi: Mr. and Mrs. Ghiorghiu, is there anything you want to say in closing? Petitioner: (Razvan) No. Henzi: Thank you. I'll close the public portion of the case and begin the Board's comments with Mr. Pastor. Pastor: I'm not overly excited about this, I don't like this plan, I don't know why I don't like it. The lot is a decent sized lot, you can maintain a second garage but I just don't feel like I'm getting the full story. I kind of feel that you're going to end up running the business from that garage and I'm very concerned over that. So I don't think I'd be able to approve that on this. Henzi: Mrs. Mcintyre. Mcintyre: I can support it. I understand, I think there was discussion before that you were going to take the plumbing out and leave just standard electrical service. Given the size of the lot, given the plan of the house you plan to put in, given there are no objections from the neighbors, you know, the general improvement, the lot size and you said the garage will be 72 feet away and when I did the visual inspection for the last property, there is a big difference between 7 feet and 72 feet so I can be in support of it. Henzi: Mr. Sills. Sills: I can also support the Petitioner. I think your lot is large enough to support the Petitioner's request, I don't think that is a huge request or that unusual or outlandish and he does have support of his neighbors so I will be in support. Henzi: Mr. Duggan. Duggan: I, too, will be in support. Your property is just under half an acre, it's set enough back and it was a garage before. As long as you take out everything as you plan, I can support it. City of Livonia, Zoning Board of Appeals Page 15 of 22 April 9, 2013 Henzi: I, too, will support it. I think that this case is much different than the one that we denied earlier because the lot is bigger, there's no excess lot coverage, the excess is minimal compared to the other one. I share the concern about is this going to be a business, you know, but if the plumbing is rernoved, you know it's no different frorn any other guy that comes along, there's always the possibility that he puts a desk back there and now he's running a dispatch. I doubt that this is big enough to have the kind of business that I certainly wouldn't want in my neighborhood which would be running a wave 24/7. If sornebody's got a phone in their garage, I don't think anyone's really going to care. But for all those reasons I would go along with it. Mr. Ghiorghiu? Petitioner: (Razvan) I would like to bring up a couple of things Mr. Pastor said. I pay the drivers direct deposit, so I really don't want rny drivers to know where I live. There's nothing else I can do as business from my house. It's just in the 10 by 10 room I can do that. And the only reason is just keep everything organized. I hate to see stuff outside. Every time if I see a leaf outside, I go pick it up. And I don't like to see stuff the way it is right now. I like to see everything inside. I might have some tools, like I said, and some parts from these trucks but that's the only business I can do there. Big trucks with trailers, no way. Henzi: So the floor is open for a rnotion. Upon Motion by DUGGAN supported by SILLS, it was: RESOLVED, APPEAL CASE NO. 2013-03-07: 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 wishes to convert the existing house to a detached garage, creating excess number of garages and garage area. Number of garages Allowed: One Proposed: Two Excess: One Garage Area Allowed: Proposed: Excess: 660 sq. ft. 1,239 sq. ft. 579 sq. ft. (710 sq. ft. existing) The property is located on the west side of Hubbell (11401) between Plymouth and Dalhay, Lot No. 138-99-0040-000, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 2.10 (5) "Garage, Private" and 18.24 "Residential Accessory Building", be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the building in question was formerly a garage. 2. Denial of the variance would have severe consequences for the Petitioner because of the Petitioner's storage needs. City of Livonia, Zoning Board of Appeals Page 16 of 22 April 9, 2013 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because of the size of the lot and the support of the neighbors. 4. The Board received one (1) 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. FURTHER, This variance is granted with the following conditions: 1. That it be built as presented. 2. That all plumbing be removed. 3. That standard electrical 110 volt be utilized. 4. That no other out buildings will be allowed on property. 5. That the garage will be completed 45 days after completion of home. ROLL CALL VOTE: AYES: Duggan, Sills, Henzi, Mcintyre NAYS: Pastor ABSENT: Caramagno, McCue Henzi: Good luck to you. Petitioner: (Razvan) Thank you. City of Livonia, Zoning Board of Appeals Page 17 of 22 Apri/9, 2013 APPEAL CASE NO. 2013-04-12: Ramco Gershenson, Inc., on behalf of Lessee Lane Bryant, 13236 Middlebelt, seeking to erect a wall mounted tenant sign within a commercial group center resulting in excess wall sign area. Henzi: Mr. Kearfott, anything to add on this case? Kearfott: Not at this time. Henzi: Any questions for the Inspection Department? Hearing none, will the Petitioner please come forward. Petitioner: Hello. Henzi: How are you doing? Petitioner: My name is Mike Haddad, 3851 Long Meadow Lane, Lake Orion. Henzi: How do you spell your last name? Petitioner: H-a-d-d-a-d. Henzi: Oh, Haddad, sorry, I didn't hear you. Tell us about this sign and the project, we've handled signs at that location. Petitioner: Basically Lane Bryant is moving into space here and due to the layout of their logo, being the only reason, you know if you look at the logo, what we're looking to do is put a sign in this as calculated by the ordinance, you know, measured by the way it reads you draw a rectangle around it, overall height, overall width. That's how you calculate the square footage. In this case being that their logo has the script "L", it sticks up above and if we were to shrink the sign down to the allowed size including the dead air space up here, it would be just far too small for the space and for the fa<;:ade and to be functional from Middlebelt Road or Schoolcraft you wouldn't be able to read what it says. And you know I just calculated the main part of the sign and drew that rectangle around it just now and if you were to calculate - I guess I'm asking in this case can this portion of the "L" be calculated separately. If it can be, we're far under the allowance. The allowance is for 47 square feet. If you calculate this separately we're at 38.9. And you know the sign if it were scaled down being that that's their logo is the script "Lane" with just the block letters "Bryant" below it, if we scale it down it's just too small. Henzi: I think I see your point. So you're saying if you go to the top of the "L" and you go over- Petitioner: Right. If you were to draw that rectangle over- Henzi: You could have much larger "A-N-E"? City of Livonia, Zoning Board of Appeals Page 18 of 22 April 9, 2013 Petitioner: Yes. Henzi: You could have block letters and really get your full bang for your buck, so to speak? Petitioner: Exactly, exactly. But their four foot logo is the script, the word "Lane" and it creates 40 percent of the logo, it's dead air space above the sign. Henzi: Okay. Petitioner: So I'm looking to go larger so much than we're allowed, just utilize, calculate the square footage a little differently. Henzi: The only other question I've got, I know there were other tenants that came before us, sort of modernizing the signs, so is this sort of an entire project or center-wide renovation? Petitioner: No, I don't believe so. This is in my case, in this case, no, this is a new tenant moving into a space. Henzi: Okay. Any questions for the Petitioner's representative? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: You've obviously seen the other signs up on this particular property, have you not? Petitioner: I have seen photographs of them. Pastor: How does this sign compare with the others in height? Petitioner: Oh, in the height? Pastor: Yes. Because your "L" is substantially taller, how tall is your "L", about 60 inches or so? Petitioner: Yes, the "L" is 60 inches, yes. Pastor: I remember us approving somewhere around 3 foot height signage, so how does this compare with the rest of the signs out there? Petitioner: It would not be larger in appearance. You know that "L" being that it's a script "L" sticking up out of the sign, it's obviously taller but as a general appearance to the sign you know this is the sign on the fa<;:ade, it doesn't look large for the fa<;:ade or large in comparison to the other signs, it's scaled to that. You know maybe I could have brought photos or submitted photos of the other signs but I didn't feel the need to. City of Livonia, Zoning Board of Appeals Page 19 of 22 April 9, 2013 Pastor: I went by there this afternoon and I looked and they look fairly large. Kearfott: There's photos right there. Pastor: Oh, that's right. Petitioner: Okay, great. Pastor: It's hard to tell. Fisher: Mr. Chair, if I may? Henzi: Mr. Fisher. Fisher: If you look at your minutes from the case next door or maybe it's two doors down, Five Below, that sign is actually 76 square feet, whereas this is 66. On the other hand the Ulta sign is apparently compliant as 50 square feet give or take. Mcintyre: Mr. Chair. Henzi: Mrs. Mcintyre. Mcintyre: Could you say again, this would be how large if you- Petitioner: If we calculated that separately? Mcintyre: Yes. Petitioner: We're at 38.9 if you calculate the space of this and then the space of this. Mcintyre: Got it. Petitioner: You know the main portion of the sign is 37. Henzi: I have one more, Mr. Haddad. Petitioner: Sure. Henzi: I just wanted to confirm that this is the corporate prototype for a sign for Lane Bryant, right? Petitioner: Yes, they don't have another logo that they could use or a different version or style, otherwise that would have been suggested rather than sitting here tonight. Henzi: Anything else? Since there's no one in the audience and there's no letters, is there anything you want to say in closing? Petitioner: I don't believe so, no, I think I've covered all bases. City of Livonia, Zoning Board of Appeals Page 20 of 22 April 9, 2013 Henzi: Okay. I'll close the public portion of the case and begin the Board's comments with Mrs. Mcintyre. Mcintyre: I don't have any objections or remember any discussion about the Five Below and I can't- I think we granted some variance, maybe not as much as they wanted, but given that if we just counted the letter part, you would be under the signage size. I don't have any issue, that's your logo and none of the other tenants have a logo that the script is differentiated to that extent, so given the fact that the rest of the sign would be very proportional relative to the other buildings, I don't have any problems, that's your corporate logo, that's your brand identity. Henzi: Mr. Sills. Sills: Support. I think the Petitioner presented his case quite well. I don't feel that we should be counting dead air space for square footage and I'll certainly support you. Petitioner: Thank you. Henzi: Mr. Duggan. Duggan: I, too, will be in support. The only reason you're over is you have the big "L", otherwise you would be in compliance so I will be in support. Petitioner: Great. Henzi: Mr. Pastor. Pastor: I will be in support. I don't see any reason why this is out of compliance, seeing the pictures that the Building Department provided us reminded me how tall some of the other lettering was so I don't think this is out of proportion for the rest of the building. Henzi: I agree and will support as well. The one other comment I'll make is that the setback of this space along with everything else is so far back from the road, this isn't the type of sign that is drawing somebody's attention from Middlebelt. In fact, even when you drive in and you're in the back in the parking lot it's hard to see which is which so I think that there is some need of each of the tenants to have slight excess so the floor is open for a motion. City of Livonia, Zoning Board of Appeals Page 21 of 22 April 9, 2013 Upon Motion by DUGGAN supported by PASTOR, it was: RESOLVED, APPEAL CASE NO. 2013-04-12: Ramco-Gershenson, Inc., 31500 Northwestern Hwy., Suite 300, Farmington Hills, Ml 48334, on behalf of Lessee Lane Bryant, 3344 Morse Crossing, Columbus, OH 43219, seeking to erect a wall mounted tenant sign within a commercial group center, resulting in excess wall sign area. Wall Sign Area Allowed: 47 sq. ft. Proposed: 66 sq. ft. Excess: 19 sq. ft. The property is located on the east side of Middlebelt (13236) between Schoolcraft and the C & 0 Railroad, Lot No. 097-99-0021-010, C-2 Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 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 of its location in the back of the strip mall. 2. Denial of the variance would have severe consequences for the Petitioner because patrons would not be able to see the sign. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the proposed sign is smaller than those on neighboring properties. 4. The Board received no letters of approval and no objection letters from neighboring property owners. 5. The property is classified as "Regional Shopping" in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the sign be built as presented. 2. That the sign be erected within 90 days. ROLL CALL VOTE: AYES: Duggan, Pastor, Mcintyre, Sills, Henzi NAYS: ABSENT: Caramagno, McCue Henzi: It's approved with the following conditions, that it be built as presented to the Board and you have 90 days to put it up. Petitioner: Thank you. City of Livonia, Zoning Board of Appeals Page 22 of 22 April 9, 2013 Upon Motion by Pastor, supported by Duggan to adjourn the meeting. Motion carried, all ayes. There being no further business to come before the Board, the meeting adjourned at 8:10p.m. SAM CARAMAGNO, Secretary MATTHEW HENZI, Chairman /bjm