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HomeMy WebLinkAbout2012-02-07City of Livonia, Zoning Board of Appeals Page 1 of 20 February 7, 2012 MEMBERS PRESENT: Matt Henzi, Chairman Sam Caramagno Robert Sills. Ed Duggan Betsy McCue MEMBERS ABSENT: Toni Aloe Craig Pastor, Vice President OTHERS PRESENT: Michael Fisher, Assistant City Attorney John Podina, City Inspector Helen Mininni, 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 2 persons present in the audience. ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF REGULAR MEETING HELD FEBRUARY 7, 2012 City of Livonia, Zoning Board of Appeals Page 2 of 20 February 7, 2012 ______________________________________________________________________ (7:05 #1/60) APPEAL CASE NO. 2012-01-02: Kordoba, LLC/Masri Orthodontics, 35200 Schoolcraft, Ste.104, Livonia, MI 48150, seeking to erect a two story medical office building resulting in deficient number of parking spaces and deficient front yard set back. Number of Parking Spaces Front Yard Set Back Required: 49 Required: 75 ft. Proposed: 44 Proposed: 43 ft. Deficient: 5 Deficient: 32 ft. The property is located on the east side of Levan (15230) between Five Mile and Jamison. Henzi: Mr. Podina, anything to add to this case? Podina: Not at this time. Henzi: Any questions for the Inspection Department? Hearing none, will the Petitioner please come to the podium? Good evening. Representative: Good evening. My name is Ghassan Abdelnour from JV Associates Architect. I am the architect here representing the doctor here with me, Dr. Masri, here tonight. Like you said, we are proposing a two-story building. It’s actually a dentist it’s more like a medical building, it’s mainly for dentists. And the two variances that you are asking us is we are providing 44 parking spaces and the requirement is 49. And the second one is for the zoning of the two parcels. It’s combined property but there’s two different zoning of the property. After the meetings with the Planning Department, they recommended the zoning to have the 40 ft. setback and we went to that prior because we tried to demolish the existing building and erect a new two-story building. We are putting the parking as a U-shape around the building and we are putting the building at the center as you have your drawings. For the parking part of it, I have the doctor with me today and he’s going to say something about the type of business, the scheduling and the stuff like this. And he thinks that the 44 parking spaces for him, including other dentists that will be in the building, will be - he doesn’t need 49 parking spaces because most of them, the patients, come by appointment, and he thinks it can be very good – he doesn’t need the extra parking spaces and he will explain that issue with you. For the two different zoning on the property, trying to match most of the buildings on the strip and we took the 40 parking and we went to the office zoning and they required only 40 ft. setback from the front and that’s why we put the building at the center of the two properties and we kept it to 40 ft. and we created the u-shape around the property. It’s kind of easy access for the building. All the parking are accessible to the building at the City of Livonia, Zoning Board of Appeals Page 3 of 20 February 7, 2012 center and it makes it easy for the fire department and everybody to deal with it even for the – like the trucking for the garage and everybody. And we are going to be answering any questions you have for us to answer for the building. Henzi: Sure, maybe we should start with the parking. I just had a few questions because we know that the folks who visit will be there for an appointment only as opposed to an office building where they might come and stay for a shift. Can you tell us things about, like the hours of operation, how long appointments last, that sort of thing. Representative: I’m going to maybe ask the doctor to come. Petitioner: Good evening. My name is Nawaf Masri, orthodontist in Livonia, on Schoolcraft. The idea of the parking, like I did some quick scale. I’m an orthodontist and we occupy – the future occupancy will be about six to seven chairs operating. These are the quick check we call them and these chairs will be filled with patients in the early afternoon time between after school which is about 3:00 until 5:00 o’clock. While the other chairs – I’m not sure if you have the design for the office. We have a lot of operating area for new exams and new patients. These rooms will be empty during the afternoon hours. So, either using the exam rooms or the treatment room you cannot use both at the same time because the flow of our office, I mean, you cannot see new patients while you are seeing the quick check. I’m not sure if anybody has been exposed to an orthodontist. So, we’re going to be having like nine rooms, three rooms for new patients and there’s a big bay for six chairs. So, either you’re going to have six chairs in the afternoon occupied by six cars maximum or you’re going to have three new patients in the morning being examined for an orthodontic treatment. So for my needs which is going to be almost half of the square footage, the maximum amount of cars we are expecting about six to seven cars for patients and the amount of staff members including myself we’re about, right now we’re about eight and including nine of 10 for future growth. So maximum cars for myself is about maybe about 14 cars. This is for the highest peak time which is only for two hours a day, but we’re doing the maximum occupancy. Now for the two other dentists and Dr. Lembri who is interested to sign up for a lease. He was supposed to be coming today. I asked him if one of the offices would be having five chairs and the other one would have four chairs. Meaning the maximum amount of patients you’re going to have is five patients at once - all showing up and you’re going to have four or five cars, and the amount of staff also four to five staff members. So, maximum for the first office is nine cars. The other office also not five cars, nine cars and the other office is 10 cars. So, total is about 34 cars. That’s if everybody is operating maximum operation and everybody is showing up. The rest of the cars you can call it overlapping. Somebody showing up earlier, somebody’s late and that’s not going to exceed more than two or three cars. So, I think the proposal is more than what the need is for this type of business. It’s not a walk-in clinic, it’s a dental office and I feel this is more than enough for this type of business. Thank you. City of Livonia, Zoning Board of Appeals Page 4 of 20 February 7, 2012 Henzi: Thank you. Any questions? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: I don’t have a problem with the parking. I think you’re correct in your assumptions. My question is you’re going to demolish a building that’s there now and you’re going to replace it with a two-story building. My question is how do we get around the zoning? We don’t have the power to rezone, but the City Council does. And reading through the unofficial minutes of the Planning Commission it said that there was – Mr. Chair, can I address this to you? Henzi: Sure. Sills: It says that the zoning can be done afterwards; is that true? Henzi: Mike, would that be a condition that we could condition approval on having the zoning redone; isn’t that right? Fisher: Yes, we have done that before and I think we should do that in this case. So, that will tend to assure that that will get done. Sills: That’s what my question was. Representative: I thought we already met with them. We did already have two meetings and they recommended an approval or something that’s what I understood, but I’m not sure. The same property has two zoning and they recommended the biggest property where the existing building is to keep the zoning of that property the same. Sills: The reason being was because of the setbacks. Representative: Yeah, and now the building, the building on the property now is at a 40 ft. setback and it jogs to a smaller building so we kept it where the existing building is kind of. The existing building is already at a 40 ft. setback. Sills: Right. Thank you. Henzi: Mike, I was just going to ask then - could you explain to the Petitioner what is involved if we do condition it? What does the Petitioner do to request rezoning? Fisher: Well, you’ve met Mark Taormina; right, the planning director? City of Livonia, Zoning Board of Appeals Page 5 of 20 February 7, 2012 Representative: Yeah. Fisher: If you need any assistance with that, he will be happy to walk you through the process. But what you do is just file a petition to rezone the, I think it’s the southern portion of the property; it’s C-1, so the whole thing is OS which is what the Planning Commission was talking about, what Mr. Sills was alluding to and in the minutes the Planning Commission talks about doing that. Then you go before the Planning Commission and council to have that rezoning consummated. Representative: We already went through it. Fisher: You went through to get site plan approval. Rezoning is a slightly different process. Representative: Okay. Fisher: And with a different end result of having your property -- Representative: For some reason I thought they told us at this meeting they will help us to do that, but we can go through the process. We are in the process to do the building and whatever the requirement we have to go through it. But as we understood, this meeting will help us to do that. Fisher: This is a step along the way certainly. The idea of you coming here instead of doing the rezoning first is so that you can go ahead and build your buildings while you are in the process of taking care of the rezoning. Representative: Yeah, we can -- Fisher: Instead of waiting. Representative: Yeah, we can do that. Henzi: Any other questions for the Petitioner? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: Could I just question on the parking lot itself? W ill it be double striped and 10 ft. parking spaces? City of Livonia, Zoning Board of Appeals Page 6 of 20 February 7, 2012 Representative: Yes, whatever the City requires, yes. They did tell us you have a requirement we have to go with, yes. Sills: Because I think all of the parking lots are double striped now; are they not? Representative: Actually we did show it, I think, on the plan that it is double striped. It was by request from the planning, yes. Henzi: Any other questions? Hearing none, is there anyone in the audience who wants to speak for or against this project; if so, come on up. I see no one coming forward. Are there any letters on this case? Caramagno: We have one objection. Vincent C. Masell [15200 Levan Road](letter read). Henzi: Gentlemen, is there anything you would like to say in closing? Representative: We’re here to work with the City. Whatever we need to do to get the final approval. We’d like to be working with the City to try to get the final project and we are willing to do whatever you request to do what we have to do. Henzi: Thank you. I will close the public portion of the case and begin the Board’s comments with Mrs. McCue. McCue: To me I totally understand the combination of the commercial and the business use and it makes sense parking unit or parking space what you are talking about. I think you guys have thought pretty thoroughly about how many spots you’re going to take and I agree with what you said earlier about it not being an extended period of time and many of those spots overlapping. With that being said, I think I would support. Henzi: Mr. Duggan: Duggan: I, too, will support. Hearing you today and going through the minutes from the City Planning Commission, my issue is going to be the parking, but, you know, going from today and going through this, you’re only going to have 10 cars maximum, so I will be in support. I think the plans look great. I will be in support. Henzi: Mr. Caramagno. Caramagno: Well, your proposal tonight seems reasonable to me as well. You’ve been through two other boards that see it as being reasonable, too, or it wouldn’t have gotten here. And the fact that what Bob brought up as to making this right eventually and City of Livonia, Zoning Board of Appeals Page 7 of 20 February 7, 2012 getting the proper zoning for the entire property I think is what Bob was mentioning that makes it all well for me, too, so I will be in approval. Henzi: Mr. Sills. Sills: I concur with my colleagues. I think the building is in good taste and I think you’ve done your homework as you should and I don’t think you need any more parking spaces than what you are allowing for. I was going to say something else, but I’m at that age where I just don’t remember that much. So, I am going to be in approval. Henzi: I, too, will approve. For me the front yard setback request is a no brainer. There’s a building that has existed for decades probably that already has an existing setback deficiency. In terms of the parking, you proposed a 10 ft. double striped which probably took a spot or two away and I’d rather see the 10 ft. double stripe because I don’t think you’re going to have a problem. So, I appreciate how you have worked with the City. I think it’s a great plan, but I too would like to see a condition that you get the property rezoned because it just makes sense to me that hopefully your business is there for decades through your career and beyond and it’s an office that’s the way that it should be zoned. So, the floor is open for a resolution. Upon Motion by Duggan, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2012-01-02: Kordoba, LLC/Masri Orthodontics, 35200 Schoolcraft, Ste. 104, Livonia, MI 48150, seeking to erect a two story medical office building resulting in deficient number of parking spaces and deficient front yard set back. Number of Parking Spaces Front Yard Set Back Required: 49 Required: 75 ft. Proposed: 44 Proposed: 43 ft. Deficient: 5 Deficient: 32 ft. The property is located on the east side of Levan (15230) between Five Mile and Jamison, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met due to the unique zoning split as well as the unique shape of the property involving the building coupled with the parking. 2. Denial of the variance would have severe consequences for the Petitioner because it would be inconvenient for their business and for attracting customers. City of Livonia, Zoning Board of Appeals Page 8 of 20 February 7, 2012 3. The variance is fair in light of its effect on neighboring properties and the spirit of the zoning ordinance because the majority of the neighboring properties have had no complaints. 4. The Board received no letters of approval and one (1) letter 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 this property is classified “General Commercial” under 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 building be built as presented and follow the guidelines outlined by the City Planning Commission and City Council set forth in the December 14, 2011 resolution incorporating the Planning Commission’s requirements. 2. That Petitioner seek rezoning of the southern portion of the property from C-1 to OS. ROLL CALL VOTE: AYES: Duggan, Sills, McCue, Caramagno, Henzi. NAYS: None ABSENT: Aloe, Pastor Henzi: The variance is granted with those two conditions. You have to build it according to the plans that you have presented us. You are obligated to abide by the Council’s requirements set forth at the December 14, 2001 meeting which incorporated the Planning Commission’s requirements. Representative: December? Henzi: Correct. I think that was one of the last Council meetings in which that was discussed and the number of paragraphs with some things that it set forth in terms of site plan approval and then you have to pursue the rezoning process in which Mr. Fisher described for you earlier today. Representative: So just call the Planning Department and ask them for variance – for rezoning. City of Livonia, Zoning Board of Appeals Page 9 of 20 February 7, 2012 Fisher: Yes, for rezoning. Representative: Okay, sounds good. I appreciate it. Thank you. Henzi: Thank you, good luck. City of Livonia, Zoning Board of Appeals Page 10 of 20 February 7, 2012 (7:05 #1/600) APPEAL CASE NO. 2012-02-03: VCL Associates, 1078 Puritan, Birmingham, MI 48009-4637, on behalf of Lessee, Family Dollar, 15399 Merriman, Livonia, MI 48154, seeking to erect a second wall sign upon a tenant space within a multi- tenant commercial retail center resulting in excess number of wall signs and wall sign area. Number of Wall Signs Wall Sign Area Allowed: One Allowed: 83 sq. ft. Proposed: Two Proposed: 94 sq. ft. Excess: One (2 signs at 47 sq. ft. ea.) Excess: 11 sq. ft. The property is located on the west side of Merriman (15399) between Five Mile and East Myrna Avenue. Henzi: Mr. Podina, anything to add to the case? Podina: No, sir. Henzi: Any questions for the Inspection Department? Hearing none, good evening. Will the representative please come forward? Good evening. Representative: Hello. My name is Patrick Seibert. I’m here tonight representing Family Dollar. We’re here tonight asking for a variance to add a second wall sign to the building to what is the south elevation. We’re proposing to install two signs on the tower section of the building. You can see the prints, you can see the two small areas over the doorways is where we’re proposing the signs. They have scaled down the signs in size, you know, to fit within the architecture of those two elements of the building. They feel that due to the entrance also on the south elevation and all the parking on the south elevation also to, you know, to the patrons going into the store along with the traffic flows on Five Mile and parking in and out of the parking lot off of Five Mile that there’s a lack of identification. So, we’re here tonight to talk about it and get your feedback on what we’re proposing and go from there. Henzi: So it’s south and east -- Representative: Yes. Henzi: -- elevations. They’ll have the identical Family Dollar sign. City of Livonia, Zoning Board of Appeals Page 11 of 20 February 7, 2012 Representative: Correct. Yes. And then they scaled those down to the smallest size in their sign family so-to-speak, you know, rather than going with a large sign in the front they want to try to break it up and put it into the architectural of the building and then get this identification to the south elevation as well. You can see, looking at the front of that building it’s a pretty long building, you know, where the sign is going right there in the front is rather small if you can take into consideration the wall area that’s there across the whole frontage. Sills: Wouldn’t that be the north elevation and west elevation? Representative: My understanding it’s the south elevation and east. McCue: It’s the south. Podina: South and east. Representative: Yeah, because the strip center, you know, they’re basically the end unit of the strip center and it comes out further from the rest of it. You can see all the parking and areas to the south that will be utilized along with – there’s an ingress and egress to get into this off of Five Mile so this sign will help identify, you know, the traffic flows into there and into the Family Dollar into the entrance on the south elevation. Henzi: I thought the prior tenant was a pet store. Do you know what kind of signage it had? Representative: You know, I don’t know. I don’t know. Henzi: John, do you remember? Pondina: It was all on the east wall facing Merriman. I don’t recall there may have been something on the south wall, but I don’t recall. When I drove by there today, it appeared that there was something that was removed from the south wall. Henzi: Yeah, I thought they had something on the south wall. Podina: Yeah, I thought they did, Pet Supplies and More or something like that. Sills: I thought they had signs on both walls. Podina: Yes, sir. Henzi: Okay. And Mr. Seibert, is Family Dollar, is that a national chain? City of Livonia, Zoning Board of Appeals Page 12 of 20 February 7, 2012 Representative: Correct. Henzi: This is its logo. It requires you to use - to fit within whatever space you’re going to use? Representative: Right. Henzi: The logo with the family – that gets counted as sign. Is that something that has to go on there? Representative: It’s definitely something that they want to have on there due to the constraint of the wall area, they can’t run it linear. Typically they would rather have that in the middle between family and dollar. That’s their standard logo, but due to the wall constraint area they have to do it in this configuration which, you know, gives them a lot less square footage to work with because of all the, you know, they box out the whole thing so all that space below the logo and above the logo that’s just wall, you know, it gets counted as sign square footage when it’s really not. But, yeah, they’re actually going through a re-image where they’re, you know, there are existing stores that are out and they’re going and adding this logo to the signs. They’re actually going out and removing the old stores that are just red Family Dollar and removing them, re-spacing them and putting this logo in between the letters. So, it’s something that is important to them if they’re going through this process of re-imaging their existing stores as well. McCue: Mr. Chair. Henzi: Mrs. McCue. McCue: Well, if I’m looking at the previous – I think what was it 96 or whatever, if they had come and proposed and I may be looking at this wrong, but the proposed two signs, one was allowed and this was back in the minutes of the special meeting February 28, 1996. I’m just going back to what they had previously. It looks like that was -- Pondina: I don’t see -- McCue: It doesn’t say. I’m just saying if they’re going back to the previous signage like what they had before. Henzi: Yeah, but that was denied though. McCue: Right, that was my point. So, I don’t know if there was actually two signs on there or not. City of Livonia, Zoning Board of Appeals Page 13 of 20 February 7, 2012 Henzi: Yeah, I think it was a pet store. McCue: Yeah, it was. It was pet – Podina: It was. It was Pet Supplies and More, Pet Supplies Plus. McCue: It was the same one that was on Farmington and Plymouth. Henzi: Okay. McCue: But I don’t remember if there was a sign on the south side or not. Podina: It appeared that there was today when I went by. You can see where something had been removed from the south wall as well as the east wall Duggan: Mr. Chair. Henzi: Mr. Duggan. Duggan: Do you know how many Family Dollar stores have the set up like you and they would have, you know, the building where it’s - you actually have signs on both sides? Is that pretty standard? Representative: You know what they’re doing is, you know, there is so much vacant property out there over the past five years is they’ve been taking up lease spaces and several old CVS and Rite Aid buildings which have the same concept design of the tower with both signs on each side of the tower and we’ve done several. I’d have to say 30 locations that have it on the tower like that, but yeah, it seems like they’re going into those going after those old locations in particular, the old pharmacy type buildings. Sills: Mr. Chair. Henzi: Mr. Sills. Sills: To the Petitioner, it seems kind of funny to me that Family Dollar would open up a place in the position its opening it being that there is a Dollar Tree across the street from it. Representative: Yeah, it’s not uncommon. City of Livonia, Zoning Board of Appeals Page 14 of 20 February 7, 2012 Sills: It doesn’t make too much sense to me like you were saying there’s a lot of empty buildings in the city of Livonia. Why would they pick this location when there’s a Dollar Tree right across the street? Representative: Yeah, you know, we’ve seen it. We’ve seen that in several locations. It’s almost like, you know, Lowe’s, Home Depot, they’re not far from each other type of thing. I don’t know if they’re just trying to play off of that market share, but yeah, it’s not uncommon to see a couple of these within close proximity and then throw in Dollar General as well which is the other third national dollar store chain. Sills: I was just questioning the thinking behind this. Representative: Yeah, I don’t know all three of those franchises – corporate stores seem to be doing very well. They’re going in all over the place in Michigan and a lot of vacant properties. Sills: Because there was a – I don’t know if it was a Family Dollar or some kind of a dollar store on Middlebelt around Seven Mile Road that just went out of business. Representative: Sure. Sills: My wife will be thrilled because she just loves these dollar stores. I don’t know why, but she does. Podina: You’ve got the same situation at Plymouth and Farmington, too. You’ve got the Dollar General on the south side and then the Dollar Tree in the Walgreen’s that they just built. Sills: Yeah, that’s true. Henzi: Any other questions? Duggan: Yeah, Mr. Chair.. Henzi: Mr. Duggan. Duggan: I know we mentioned it, but how - that little circle how I know it’s important to them, but how, I mean, you know, because I’m a little uneasy about having two signs on it even with the unique location, but to take a few feet off would they be willing to take that off that little circle with the people in it. How important is that to them? City of Livonia, Zoning Board of Appeals Page 15 of 20 February 7, 2012 Representative: Well, it’s a corporate logo for them so it’s pretty important to them. If the Board is not willing to accept the size, you know, and not approve it as that, I’m sure they would rather have something than nothing. Duggan: And how much do they happen to have one of those signs on the side of the road at that strip mall there? Representative: There should be a multi-tenant sign there that they’re going to be redoing, you know, for the tenants there that are going to go in. Duggan: Okay. And Family Dollar is going to do signage there as well? Representative: Yeah, I’m sure that they will, yeah, definitely try to get into that. Duggan: Okay. Thanks. Representative: That would just be the fake plastic inserts or whatever into the existing sign. Duggan: Okay. Thanks. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Do you happen to know if they’re going to get that whole monument sign at Merriman and Five Mile? Is that going to be dedicated to them as it is for the Pet Supply or More, or whatever it’s called? That’s a dedicated sign right now for the vacant part of that building or at least it was, the pet store or whatever it is. That’s a dedicated big sign for that. Do you know? Representative: If they get rights to it, I’m sure that they’ll want to go in it. If they have the right to it, I’m sure they will. Caramagno: So, it would be three big signs for that building. Representative: What’s on the corner out there is just a monument sign; right? Yeah. Caramagno: That’s a pretty good size. Representative: Yeah, so if they get the rights to it I’m sure they’ll want to go in. City of Livonia, Zoning Board of Appeals Page 16 of 20 February 7, 2012 Caramagno: And the reason behind needing the big signs on the building? It seems pretty typical that you want to catch the Five Mile Road traffic and you want to catch the Merriman Road traffic. Representative: Absolutely and the parking lot within there because they can’t see – if you’re in the parking lot off of Five Mile Road, you can’t see the front of that building so you don’t know that, you can’t see the sign from there and I’m sure a lot of the parking and the people going into that aren’t going to see that sign that’s why they want that one because it is a double entrance. Caramagno: We talked a little bit tonight about the sign whether there was one or two signs in that building. Certainly if there was or wasn’t, it hasn’t helped they’ve been through two or three stores there. What’s the plan for moving in this building? Representative: From what I understand I know they want to get this handled, make sure that they get proper identification and from what I understand, they’re going to move forward to signing lease agreements and starting. Caramagno: So are you talking about later this year? Representative: No, it would be a lot quicker than that. Yeah, I’m assuming within the next couple of months. Caramagno: Do the people from Dollar -- Representative: Family Dollar. Caramagno: Family Dollar. Do they ever come to these presentations or do they send you? Representative: No, they typically come as well. Someone was supposed to be here and he is not here. Caramagno: The reason I ask that or even the owner of the property, the reason I ask that is because I noticed a couple other things that although not directly related to the signage needed improvement there. Maybe we will take care of it through our ordinance department, but a couple things I noticed is the dumpster enclosure is absolutely terrible. There’s a mattress and garbage all over the place so now we’re going to put a Dollar, Family Dollar in there and does that get better or worse? I guess it’s not for you to answer, but it needs to be said on the record. The other thing is the parking signs the topnotch parking signs that are zip tied to trees on the property. What a terrible, a terrible display. City of Livonia, Zoning Board of Appeals Page 17 of 20 February 7, 2012 Representative: Yeah, I agree. I didn’t see that one. Caramagno: I wish somebody – that’s the first thing I noticed. I wish somebody from the property was here. That needs to be addressed. That’s all I got. Henzi: Any other questions? Hearing none, there’s no one in the audience. Are there any letters? Caramagno: Art Mitchell [31520 W. Five Mile Rd.] writes approval (letter read). Henzi: Before I ask Mr. Seibert if he wants to make a closing comment, John can somebody go out there and check on the things that Sam brought up because he raises a good point. Podina: Yes, I will make a note of that. Caramagno: Thanks, John. Podina: I’ll have Mr. Daly check that out. Henzi: Mr. Seibert, is there anything you would like to say in closing? Representative: No. Henzi: Okay, thank you. I will close the public portion of the case and begin the Board’s comments with Mr. Duggan. Duggan: Here’s my thing is that – we turn down people, at least since I’ve been on, fairly frequently to want more signage than they want. But I do think you’re in a really unique situation with that tower there. But you are over by 11 ft. you’re in excess of 11 ft. and on top of that you’re going to have multi-tenant signs out in front and maybe even a giant one too that goes out there as well. So, I’m a little uneasy as it is presented now, but I am more than willing to hear the comments of the rest of the Board, but I’m leaning no at the moment. Henzi: Mr. Caramagno. Caramagno: The odd shape of this building to me it lends itself to being like almost a corner lot. It does stick out. It is setback pretty far from Five Mile Road and the failure of the prior two, three, four tenants that have been in there could be for a multitude of reasons. But I think people need to know what’s in there, what’s there. They need to be able to see that. As I look around other buildings around the area, there’s other City of Livonia, Zoning Board of Appeals Page 18 of 20 February 7, 2012 buildings that do similar business that have a fairly large sign. It appears to me more than what you’re asking for here. 11 sq. ft. is not terribly over the requirement in my mind. I’d like to see this building occupied. It would be good for the neighborhood, I think, as it looks not so good when it’s empty. So, I will be in approval. Henzi: Mr. Sills. Sills: I agree with the comments of Mr. Caramagno. I also feel that the sign is necessary on the east side of the building because people traveling on Five Mile have no way of knowing that that building is even there. You can see a sign probably going down Merriman Road, you can spot a sign pretty easy, but coming down Five Mile there’s nothing there but a blank wall so I think you need something there to identify it. I don’t agree with the type of business you’re putting it next to – it’s another dollar store, but that’s my personal opinion. Henzi: Mrs. McCue. McCue: I’m somewhat torn on this one. I guess going back to what Mr. Caramagno said, I can rely that back to a corner lot and I suppose that probably does give a little bit more justification just the way the lay out of the building is, but again, I also agree with Mr. Duggan in the fact that we have denied plenty of signage requests for less than that. Considering it all and considering the location, the size, the construction of the building I probably will be in support of the signage. Henzi: I think I agree with Mr. Caramagno. There are a lot of reasons to justify two signs. Most important of which to me is the fact that the last tenant had two signs. And it is in my mind almost just like a corner lot - it’s just that it’s one end of a strip center. Mr. Duggan’s point is well taken that there is an excess, however, it’s 11 ft. and to the Petitioner’s Representative usually you don’t come before us asking for only 11 ft - it’s usually a lot more quite honestly. So, given that it’s only 11 ft. I think I can go with what’s proposed. So, the floor is open for a motion. Upon Motion by Caramagno, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2012-02-03: VCL Associates, 1078 Puritan, Birmingham, MI 48009-4637, on behalf of Lessee, Family Dollar, 15399 Merriman, Livonia, MI 48154, seeking to erect a second wall sign upon a tenant space within a multi-tenant commercial retail center resulting in excess number of wall signs and wall sign area. City of Livonia, Zoning Board of Appeals Page 19 of 20 February 7, 2012 Number of Wall Signs Wall Sign Area Allowed: One Allowed: 83 sq. ft. Proposed: Two Proposed: 94 sq. ft. Excess: One (2 signs at 47 sq. ft. ea.) Excess: 11 sq. ft. The property is located on the west side of Merriman (15399) between Five Mile and East Myrna Avenue, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the building appears to have a corner look to it because of the unique footprint of the property. 2. Denial of the variance would have severe consequences for the Petitioner because it would not allow them to advertise their business to Five Mile Road traffic as well as Merriman Road traffic. It is difficult to see the property from a distance and especially from the east. 3. The variance is fair in light of its effect on neighboring properties and the spirit of the Zoning Ordinance because there are other corner properties with double signage. The 11 sq. ft. overage is not that overbearing. 4. The Board received one (1) 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 this property is classified “General Commercial” under the Master Plan, and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following condition: 1. That the variance be granted as presented to the Board. ROLL CALL VOTE: AYES: Caramagno, Sills, McCue, Henzi NAYS: Duggan ABSENT: Aloe, Pastor Henzi: So it is granted. You have to erect the sign as presented. City of Livonia, Zoning Board of Appeals Page 20 of 20 February 7, 2012 Representative: I appreciate it. Thank you. Henzi: Good luck. Motion by McCue, supported by Caramagno, to approve the minutes of the 1/10/12 ZBA meeting. All were in favor. There being no further business to come before the Board, the meeting adjourned at 7:49 p.m. __________________________ SAM CARAMAGNO, Secretary __________________________ MATTHEW HENZI, Chairman /hdm