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HomeMy WebLinkAbout2012-07-10 City of Livonia, Zoning Board of Appeals Page 1 of 35 July 10, 2012 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A REGULAR MEETING HELD JULY 10, 2012 A Regular Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Auditorium of the Livonia City Hall on Tuesday, July 10, 2012. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Toni Audia Aloe Edward E. Duggan, Jr. Elizabeth H. McCue Robert E. Sills MEMBERS ABSENT: Craig Pastor, Vice President OTHERS PRESENT: Michael Fisher, Assistant City Attorney Steve Banko, 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. Six (6) 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 25 persons present in the audience. (7:05 #1/139) APPEAL CASE NO. 2012-07-32: Madonna University, 36600 Schoolcraft, Livonia, MI 48150, seeking to erect a ground sign to identify the athletic complex, resulting in excess sign height and excess area. City of Livonia, Zoning Board of Appeals Page 2 of 35 July 10, 2012 Ground Site Height Sign Area Allowed: 6.0 ft. Allowed: 20 sq. ft. Proposed: 14.0 ft. Proposed: 56 sq. ft. Excess: 8.0 ft. Excess: 36 sq. ft. The property is located on the east side of Newburg (15090) between Five Mile and Schoolcraft. Henzi: Mr. Banko, anything to add to this case? Banko: I have nothing to add at this time. Henzi: Any questions for the Inspection Department? Mrs. Aloe. Aloe: Mr. Banko, what is the height of the fence that goes around the perimeter of that area? Banko: I believe that’s a 6-ft. fence, Mrs. Aloe. Aloe: Thank you. Henzi: Any other questions? Hearing none, good evening. Representative: Good evening. My name is Bill Lutz with Sign Graphics, 39255 Country Club Drive, Farmington Hills, Michigan. Henzi: Mr. Lutz, go ahead and tell us about the proposed sign. Representative: I suspect that you all are pretty familiar with this campus. I think one of the key elements of this particular case is that the Madonna University is located on the southeast corner of Levan and Schoolcraft, whereas the Athletic Complex is opposite and kitty-corner from that on the northwest corner of Five Mile and Newburg. So, one of the things that we have seen over the years is that folks that are trying to visit the Athletic Complex are coming to the University and that has created quite a confusion. So, our key issue here and the reason for needing this sign primarily is identification. We have a new parking lot, a new complex, new soccer and lacrosse fields, new baseball diamond, in the process of completing a softball diamond. There is going to be a lot of use and is a lot of use of this facility. So, we have busses coming from the local area, we have busses coming from outside of the local area in the major Michigan area, if you will, and then for many times of the year we have busses coming from out-of-state from Indiana and adjacent states. So, this is a well-used facility it is now being also used by community groups and clubs when the University is not using the facility. So, it’s a very heavy used area. The 6-ft. fence makes it a little problematic to put up a 6-ft. high sign, which is apparently what is allowed by city code. So, we have designed a sign here to identify this complex that doesn’t compete with this height of the fence. I will call your attention to I think what is the first drawing if you will, which is a photo drawing of an actual photo taken about 100 to 150-ft. away from the entry into this complex. And as you can see, the bottom of the sign is right above the height of the City of Livonia, Zoning Board of Appeals Page 3 of 35 July 10, 2012 fence and it is a 6-ft. high fence. We don’t have any setback issues. We propose the sign to be 10-ft. back from that fence, which puts it considerable distance back from the curb cut. We’ve also designed this sign in such a way as to be minimal in terms of size. It’s all of 57, 58-sq. ft. The key element here is the height of the Athletic Complex letters they’re 5 ½ letters, which we feel is from a visibility standpoint the minimum visible size given the fact that we have a 5-lane highway and it’s 45 miles an hour and heavily traveled. So, identification is key. This complex is very active between mid-March and mid-November. Those are very active months starting with spring baseball, ending with fall soccer and fall lacrosse. In the summer when the University might not have much of a schedule going on that’s when the community and the clubs are there, so we have lots of bus traffic, we have lots of visitor traffic, there are probably 60 plus games a year that are attended by anywhere from 100 to 300 just fans and visitors that come. It’s becoming quite the destination locally for these kinds of events, which is great for the community and great for the city, but we need to get them into the right place. So, it certainly brings up a safety issue if we have full-size busses that miss that entrance and want to turn around. If they’re southbound, there really isn’t any place to turn around unless they turn around in the neighborhoods. Unless they keep going south and of course then have to go across 96 and then try to double back and if they’re from out of town, they’re kind of lost at this point. So, we need some kind of identification there this sign addresses that issue from an identification standpoint. Obviously, the fence is needed because of a security issue. It’s pretty-heavily wooded back there. We’ve got streams, we’ve got the potential for vandalism so the security fence is absolutely a requirement there and needed. So, that’s our issue. We have a visibility issue and an identification issue. We’re asking for some relief from the ordinance. We don’t think this is a very unique property. As you all know, Madonna University has been here for a long time. This whole big plot of land has been developed in a very mature way over a number of years and this is just one more piece of that puzzle. We feel this would be a very good use of the land and certainly a sense of pride for Madonna and for the community at large. Henzi: Thanks. We’ll have a couple questions for you and I will start. I know that there’s some fencing throughout the property not just surrounding the Athletic Complex, is that also 6-ft? Representative: It varies. That 6-ft. is the maximum. I think internally there is some 4- ft. fencing. Henzi: When you say, when you’re talking about safety, are you saying you need a 6-ft. fence because you don’t want people climbing in to get on to the athletic field? Representative: Correct. Henzi: Okay. Representative: If you put a parking lot and complexes like in this, we’re going to see all kinds of automobile traffic there in the evenings after dark. This is unmonitored, it’s un-policed, there’s no way to really have security there 24/7, so it has to be fenced off. There’s a stream that runs through this property with a bridge over it, so there’s some City of Livonia, Zoning Board of Appeals Page 4 of 35 July 10, 2012 safety and there’s some liability issues. There’s concession stands around these ballparks, so there’s potential vandalism issues, so I think the fence is from a security standpoint absolutely required. Henzi: And this is the last question I have is that for me, the only concern I have about it is the height and can you tell us did you consider reconfiguring the fence or doing something else so that you could lower the height, because clearly you have it 14-ft. because you have to have it that because the fence. Representative: Correct. Henzi: Is there a way to avoid that? Representative: There was some consideration early on about routing the fence behind the sign, which would have been nice, but we would have lost parking spaces doing that. There is already some concern within the University that this parking lot could end up being too small because of the heavy use that we’re starting to see already, so that was really abandoned. It’s difficult because of the swing areas and the need for parking you hate to sacrifice several parking spaces to put the fence behind it. Even if you did that because of the line of site, the lead areas of that fence in other words when you get back several hundred feet even if you jogged it behind where the sign was, the rest of the fence would still be a visual hazard. And just to give you some perspective on the size of this sign, if you’ll notice the Five Mile Road sign, the MDOT sign there that’s 9-ft. to the top of that sign. So, when you start to get back away from things, you start to lose proportion about how big things really are. When you start setting this back from the highway as far as this setback is, 14-ft. is not as big as it seems if you were standing right next to it obviously. Henzi: Thank you. Any questions for the Petitioner’s Representative? Duggan: Mr. Chair. Henzi: Mr. Duggan. Duggan: You know, similar to the height, did you guys consider at all, you know, I think Madonna University and the Athletic Complex are an absolutely necessity, do you think that the Home of the Crusaders part of the sign is that as big of a necessity in your opinion? Representative: I guess it depends on how you define necessity. It certainly – we’re talking about a sense of community pride at the Madonna Level and I think at the City level, so is it absolutely necessary to the direction of traffic? You could certainly make the argument that some people are looking for that. There’s a lot of people who identify things in different ways. If they’re looking for an athletic complex, they know the name Crusaders, but darned if I know what University it’s attached to. If you’re coming from out of state that’s entirely possible, you know, the team knows they’re playing the Crusaders. City of Livonia, Zoning Board of Appeals Page 5 of 35 July 10, 2012 Duggan: All right. Thank you. Henzi: Any other questions? Aloe: Mr. Chair. Henzi: Mrs. Aloe. Aloe: To the Petitioner, is this the only entrance into the Athletic Complex? Representative: Yes, Ma’am. Prior to the construction of this parking lot, all the parking for these fields, if you were, were done at the school just south of there and that created quite a conflict for the school especially after hours. It’s a girls school, there’s all kinds of security issues there that were of concern and those are completely a separate entity. So yes, this is the only entrance into this complex. You cannot get into this complex any other direction. You certainly can’t get into from Madonna University, which is where we see a lot of folks end up. This is a different address. It’s a Newburgh address. The University has a different address, obviously, two entrances one on Levan and one on Schoolcraft. Aloe: Then what would be the size of this complex? About how many acres does that Athletic -- Representative: That’s a good question. I have here with me this evening Sister Rose Marie and Brian Rizzo, the Athletic Director perhaps they can answer that question, as I don’t know the answer to that. Sister Rose Marie: 17 acres. Representative: For the full complex, Sister? Sister Rose Marie: Yes. Representative: Thank you. Aloe: For the Athletic Complex? Sister Rose Marie: The Athletic Complex. I’m not absolutely positive, but I think that’s the number. Aloe: Okay. And I have a question for Mr. Banko. How does this sign compare to signs that we see down at like say down at Schoolcraft College? What do we see down there in these kinds of identifying areas? Banko: Well, actually the Schoolcraft College sign is, I think, is higher than 6-ft. which is a scrolling sign if I’m not mistaken at Schoolcraft and Levan. There are other signs out there that would come up to this size. City of Livonia, Zoning Board of Appeals Page 6 of 35 July 10, 2012 Aloe: So comparatively speaking, it kind of falls in line with what we see at other -- Banko: Actually when you look at this sign, you’re looking at it from a distance on a piece of acreage it doesn’t protrude to me that much. Aloe: The height or the size of it? Banko: The size or the height of the sign. Aloe: But Schoolcraft has other identifications in their complex, too, I mean I know the big one that you’re talking about out in front with the -- Banko: Yeah, right on the corner of Schoolcraft and Levan. Aloe: Scrolls. Banko: Schoolcraft and Levan. Aloe: Yeah. Banko: There are other signs for the Felician Sisters -- Aloe: No, Schoolcraft, you’re saying Madonna. Banko: Madonna, well, I said Schoolcraft and Levan the sign I’m speaking of. Aloe: Oh, okay, but at Schoolcraft College down on Haggerty. Banko: I would have to go out and visually look at the sign at Schoolcraft College. I take it for granted because I drive by it so often. Aloe: Okay. Thank you. Thank you, sir. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Go ahead, Mr. Caramagno. Caramagno: Sir, what is the plan for lighting at this sign, is it going to be lit? Representative: Internally lit, so only the letters in the copy you see are actually illuminated. That’s what we call a routed-illuminate face sign, so you have minimal light diffusion coming out of the sign and obviously after it gets later than a game would be played, it would be turned off. It would be on a timer system. Caramagno: It’s on a timer not a photo eye? City of Livonia, Zoning Board of Appeals Page 7 of 35 July 10, 2012 Representative: Well, normally you turn these on with a photo eye because you want them to come on when it does get dark and turn them off with a timer. Caramagno: Is there going to be night games there? Representative: Yes, there will be some night games. No, there won’t. I misspoke. AD says no night games. Caramagno: Is there lighting? I didn’t think I saw any. So this sign, as far as lighting it, it won’t say on all night? Representative: No, it won’t. Caramagno: So, it won’t interfere with the residential neighborhood across the street? Representative: Correct. Caramagno: And I guess I’m struggling to find out when it’s going to be lit then? Representative: Well, in the winter as we get into fall, it gets dark pretty early. So, you know you won’t have night games, but it may come on at six o’clock or 5:30 if it’s starting to get dark. But there’s no plans to light it all night there’s no need to. Caramagno: Right. Representative: We’re not into spending electrical money that’s not needed. This just isn’t an advertising sign it’s strictly an identification sign. Caramagno: Okay. Thank you. Henzi: Along those lines, would you be willing to commit to a time line like I don’t know 10, 11, an hour past the last game; anything like that? Had you ever thought about that for the lights? Representative: Yes. Henzi: Anything else? Is there anyone in the audience that would like to speak for or against the project? If so, come on up to the podium. I see no one coming up. Can you read the letters? Caramagno: Yes. We’ve got an approval from Michael Perta [36362 Lyndon]. We have an approval from Patsy (& Jack) Durbin [36088 Grennada St.] (letter read). Wendy Beadle [36955 Lancaster St.] approval (letter read). Mario Azzapardi [14944 Richfield] objection (letter was read). Ronald Hughes [14932 Richfield] objection (letter was read). Ronald McKendrick [14325 Newburg] (objection) (letter was read). Henzi: Mr. Lutz, anything you would like to say in closing? City of Livonia, Zoning Board of Appeals Page 8 of 35 July 10, 2012 Representative: Just in response to that letter, I don’t think the last letter - we’re not talking about an overhead sign here. I think you all understand that. Henzi: Got it. Henzi: I don’t I think this is like a lot of folks have said, this is a large parcel of land and I think relatively speaking this is the appropriate size sign for that kind of a complex and that size parcel. Henzi: Thank you. Representative: Thank you. Henzi: I’ll close the public portion of the case and begin the Board’s comments with Mr. Sills. Sills: Well, number one, I think Madonna has been a very good neighbor in the community and number two, I think the presentation was done very well. I have no objection to the sign. I think it supports a huge amount of property 17 acres is an awful lot of property and during heavy traffic times I think a sign of this nature is necessary. And when you do have an athletic event, there is a lot of traffic and being that this tract of land has only got one entrance we certainly would like to have it identified so people wouldn’t be stopping and starting and wondering where another entrance would be. So, I will be in full support. The answer to the one disapproval letter that we had not a disapproval, but a questioning letter as to what the sign would be like, I think if the gentleman who wrote the letter would be here, he would find out. So, I will be in full support of this petition. Henzi: Mrs. Aloe. Aloe: I also will be in support for most of the same reasons that Mr. Sills identified. This is a large complex 17 acres. It’s the only entrance and so, I will be in support. Henzi: Mr. Caramagno. Caramagno: I share in the same concern that the man had regarding the fence was there a thought to put the sign in front of the fence towards Newburg and I understand the problem as you described it. Like Robert and Toni said, this is a very large complex. You have visitors coming from out of town or within the Detroit Metro area coming to this site and it is, it is probably difficult to find if you haven’t been there a number of times. And I guess I would rather see it done right one time than not right multiple times and have banners on the fence and things like that that are kind of tacky. So, they’ll be able to find your sporting complex with this sign and I think it’s a good deal. Henzi: Mr. Duggan. City of Livonia, Zoning Board of Appeals Page 9 of 35 July 10, 2012 Duggan: I, too, will be in support. I think you had a great presentation. I think when you take the 17 acres and who you’re targeting with the sign people from out of state coming in, you know, I think that you need it. I think it looks great. I will be in support. Henzi: Mrs. McCue. McCue: I agree. I am agreeing with what everyone else has said. It’s a large parcel of property. I get the safety factors from both the traffic and the inside participants, you know, none of us want that. And I totally understand why it is we don’t necessarily want to move that sign or that fence behind the sign. It reduces parking, which in the long run you’ll be back talking to us about something else probably in the future. So, I will be in support. Henzi: I, too, will support the request. I think it is entirely reasonable especially for all the reasons that people have said. Folks are coming to watch their family member play sports and they live in the Grand Rapids area, they’re looking at a map that tells them to go Schoolcraft and Levan. I think that another thing that I’ve noticed is that it’s a little confusing to tell where do the Ladywood driveways end and where does the Madonna driveway start? And I think that this is necessary because particularly with Ladywood athletic fields and this one kind of hard to tell is it all one complex, which one should I turn in? We don’t want people making loops on that street. So, I made a comment about the lighting, you know, I don’t want to micromanage the project I would just like to encourage perhaps the Petitioners to pick a deadline, but I don’t want it on all night long. But I’m not necessarily going to dictate a time at this point especially because this is Newburg Road, I mean, there are overhead lights on all night long. So in any event, the floor is open for a motion. Upon Motion by Duggan, supported by Caramagno, it was: RESOLVED, APPEAL CASE NO. 2012-07-32: Madonna University, 36600 Schoolcraft, Livonia, MI 48150, seeking to erect a ground sign to identify the athletic complex, resulting in excess sign height and excess area. Ground Site Height Sign Area Allowed: 6.0 ft. Allowed: 20 sq. ft. Proposed: 14.0 ft. Proposed: 56 sq. ft. Excess: 8.0 ft. Excess: 36 sq. ft. The property is located on the east side of Newburg (15090) between Five Mile and Schoolcraft, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met due to the size of the property, the location being off of a main road, and the perimeter fence needed for security. 2. Denial of the variance would have severe consequences for the Petitioner because when visitors come from out of state they will miss the entrance causing traffic congestion for the local businesses. City of Livonia, Zoning Board of Appeals Page 10 of 35 July 10, 2012 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because it does have majority support from neighbors. 4. The Board received three (3) letters of approval and three (3) 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 “Community Service” 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 sign be built as presented to the Board. 2. That the variance is good for nine months. ROLL CALL VOTE: AYES: Duggan, Caramagno, Aloe, McCue, Sills, Henzi NAYS: None ABSENT: Pastor. Henzi: The variance is granted with those two conditions. You have to build it as presented. It’s good for nine months that doesn’t mean that the variance expires it means you’ve got nine months within which to build it Representative: Thank you very much. We appreciate your time. City of Livonia, Zoning Board of Appeals Page 11 of 35 July 10, 2012 (7:25 #1/776) APPEAL CASE NO. 2012-07-33: Kenneth Kaisner, 15536 Fairfield, Livonia, MI 48154, seeking to construct a covered front porch, resulting in deficient front yard setback. Front Yard Setback Required: 25.0 ft. Proposed: 18.2 ft. Deficient: 6.8 ft. The property is located on the east side of Fairfield (15536) between Roycroft and Rayburn. Henzi: Mr. Banko, anything to add on this case? Banko: No, I have nothing to add, sir. Henzi: Any questions for the Inspection Department? Good evening. Petitioner: Good evening. Kenneth Kaisner, 15536 Fairfield, Livonia, Michigan. Henzi: Can you tell us why you want to construct the front-covered porch? Petitioner: We have a porch out there right now that is - we have two falls this last winter. Thankfully we had very good neighbors and did not have to go into a lawsuit. There were not any broken bones, but we are looking for something covered so that when people walk up to the porch, we don’t have to worry about rain, snow, ice and also the sunlight coming in our front door of the house. Henzi: Can you tell us a little bit about the building materials? Petitioner: The building materials is going to be consistent with the house. I have aluminum siding on the house now. It will be made out of wood material and then the siding that will go on is going to match the house, same color, same aluminum siding, and also same shingles and same color. Everything is going to match. It’s going to look like it was always there. Henzi: Any questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Are you going to have a railing around the porch or no? Petitioner: Yes, there will be a railing. City of Livonia, Zoning Board of Appeals Page 12 of 35 July 10, 2012 Caramagno: Some pictures show it some pictures don’t. Petitioner: Okay, the front elevation of the whole house does not show it, but if you look at the – I have the front elevation, the side – two sides that should show it if you have the same copy. Caramagno: Okay. Yeah, there’s sides there. Petitioner: That will be - in the front I’m going to have two fiberglass round columns that will be supporting the whole porch and then it will be a vinyl fence, a railing around there. Caramagno: Okay. Is the porch size going to change? Is the base of the porch going to change or is that going to be the size what you have now you’re going to build up from there? Petitioner: No, it will change. I have 5-ft. right now, but because of putting this railing on it’s taken up almost a foot so I will have about 4-ft. from the house. I want to be able to sit on the porch two people standing next to each other and not bumping shoulders. I’m asking for another foot basically Caramagno: When you say 5-ft, you’re going to come out? Petitioner: It is already out 5-ft. I’m asking to come out one more foot. Caramagno: And are you going to change the width of the porch? Petitioner: Yes. Caramagno: How much? How much wider will it be? Petitioner: 12-ft. It will be 4-ft. wider. Caramagno: 4-ft. wider than it is. Right now, it’s 8 x 6. Petitioner: It’s 5 x 8 right now and I’m proposing a 6 x 12 porch on that. Caramagno: Okay. Petitioner: And that will be a concrete foundation with footings. It will be, you know – Caramagno: It’s wood now, right? Petitioner: It’s concrete underneath. When we bought the house, they had wood put over the top because of the concrete underneath. It was cracking, it was - I think their quick fix was to put 2 x 6’s on the flat. So, that is what I have on top of a concrete slab right now. City of Livonia, Zoning Board of Appeals Page 13 of 35 July 10, 2012 Caramagno: That will all be busted out? Petitioner: That will all get busted out, put in a new footing, complete new cement porch, and we will erect up from there - complete new construct. Sills: Mr. Chair. Henzi: Mr. Sills. Sills: To the Petitioner, do you ever intend to enclose this porch at any time? Petitioner: Absolutely not. Sills: It’s going to be remained open? Petitioner: Yes, it will always be open. Sills: Are you going to have any additional lighting out there? Petitioner: No, there is no intention for that. There is one light on the side of the house now and that’s the way we plan to keep it. Sills: You don’t intend to screen it in or anything like that? Petitioner: No. 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 don’t see anybody coming forward. Can you read the letters? Caramagno: Sure. Michael Kraska [15625 Fairfield] writes an approval (letter was read). Joan Lupa [15525 Hubbard] approval (letter was read). Kristine Hoff [15507 Fairfield] approval (letter was read). Cheryl Cyburt [15395 Fairfield] approval (letter was read). Helen Centofanti [15631 Fairfield] approval (letter was read). John Eastman [15422 Fairfield] approval (letter was read). Edward Raymond [15658 Fairfield] approval (letter was read). Kevin Kazmierczck [15636 Fairfield] sends an approval. C. Doone [15564 Fairfield] sends an approval. Henzi: Mr. Kaisner, is there anything you would like to say in closing? Petitioner: Not at this time. Henzi: Okay. Thank you. I will close the public portion of the case and begin the Board’s comments with Mrs. Aloe. Aloe: I will be in support. This is a variance request that we’ve heard many times when you have a porch that is exposed to the elements and creates a surface where accidents can occur, so I will be in support. City of Livonia, Zoning Board of Appeals Page 14 of 35 July 10, 2012 Henzi: Mr. Caramagno. Caramagno: Well, your desire to have it just for safety and improving your home and clearly that’s what it is going to do and your neighbors support is very, very strong. So, I’m in support. Henzi: Mr. Duggan. Duggan: I, too, will be in support. Your neighbor slipping and falling you obviously need. Your neighbors support it I will support it as well. Henzi: Mrs. McCue. McCue: I, too, will support. Obviously, it makes sense safety-wise if that happened. You have a great plan and you’re willing to work, take it down, start over again and we have all the approval letters from your neighbors. So, I will be in support. Henzi: Mr. Sills. Sills: I totally support it. I don’t see anything negative on the petition. Henzi: I agree. I will support the request, too. I think everybody deserves to have a porch covering and I think this will blend in and look like it was built that way. The floor is open for a motion. Upon Motion by Aloe, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2012-07-33: Kenneth Kaisner, 15536 Fairfield, Livonia, MI 48154, seeking to construct a covered front porch, resulting in deficient front yard setback. Front Yard Setback Required: 25.0 ft. Proposed: 18.2 ft. Deficient: 6.8 ft. The property is located on the east side of Fairfield (15536) between Roycroft and Rayburn, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the Petitioner has a porch now that is unsafe. 2. Denial of the variance would have severe consequences for the Petitioner because the Petitioner seeks to improve his home, remove an unsafe structure, and construct a porch that is covered and will keep the rain, snow, and ice from collecting at his door. City of Livonia, Zoning Board of Appeals Page 15 of 35 July 10, 2012 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the Petitioner does have neighbor support and this is an improvement to his property. 4. The Board received nine (9) 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 “Low-Density Residential” under the Master Plan, and the proposed variance is not inconsistent with that classification. FURTHER, That the variance is granted with the following conditions: 1. That the porch be constructed according to the drawings that were presented to the Board. 2. That the variance is good for one year. 3. That the porch will not be enclosed. ROLL CALL VOTE: AYES: Aloe, Sills, McCue, Duggan, Caramagno, Henzi NAYS: None ABSENT: Pastor Henzi: The variance is granted with three conditions. You have to build it according to the plans you submitted. It is good for one year, which means you’ve got one year within which to build it and then you can’t enclose it. Good luck Petitioner: Thank you very much. City of Livonia, Zoning Board of Appeals Page 16 of 35 July 10, 2012 (7:35 1/1098) APPEAL CASE NO. 2012-07-34: Septimiu and Maria Puscas, 17155 Catherine Ct., Livonia, MI 48152, seeking to maintain two air conditioner condenser units located in the front yard, next to the front of the dwelling, which is not allowed. The established front yard is to be used for landscaping only. The property is located on the west side of Merriman (20121) between Norfolk and Fairfax. Henzi: Mr. Banko, anything to add to this case? Banko: I have nothing to add at this time. Henzi: I had one question. There is mention in the packet about the home being a high- efficiency home is that something that you see often or no? Banko: As code enforcement, I wouldn’t be able to answer that question. Henzi: Thanks. Any questions for Mr. Banko? Good evening. Petitioner: Good evening. Henzi: Can you tell us your name and address, please? Petitioner: Yes, I would like to start with saying thank you to all of you for taking your time to hear us and to work for us. I’m Septimiu Puscas at 17155 Catherine Ct. in Livonia. We are here to talk about our case in regards to AC conditioners in the front of the house. We moved to Livonia back in ’98 and we always loved Livonia and we wanted to invest for our family, for our children in Livonia. So we are grateful that we did find a piece of land where we can build a house. This house it is the second house in Livonia I built in a high-efficiency mode using ICF blocks. It’s actually constructed out of Styrofoam blocks with cement columns on the inside of it. Since we designed the house in the beginning we considered – we spent a lot of time, a great deal of consideration to make everything efficient in the house. So we started with the walls, but then we kept in mind everything in regards to heating, cooling, in regards to the hot water tanks, in regards to the position of everything in the house. Therefore, with the architect we actually designed in the basement to have a room dedicated for mechanical purpose where we positioned the furnaces, we positioned the hot water tanks. We have the water coming in. We have the exhaust of the furnaces, the inlet for the furnaces also; therefore, when the time came to install the AC units, the builder was not aware of the ordinance that the City has in regards to not to position the AC units in the front. He came up to us and he asked us, “Where do you want the AC units to be positioned?” I said, “Well, just like everything else we built in the house it should be positioned in a very efficient and ergonomic way.” So, he said, “Okay, so where do you think that should be?” I said, “I think the appropriate corner where we can position all this will be right next to the mechanical room.” With your approval, two days ago we City of Livonia, Zoning Board of Appeals Page 17 of 35 July 10, 2012 started like a partial landscaping and I have some pictures. I did not know if I was supposed to bring them in sooner, but if you are willing we have some pictures that I can show you. Henzi: Sure. Petitioner: My wife can pass them around. The AC units are positioned in the corner of the house where we have the water coming in, we have the gas meter, we have the inlet and the exhaust for the furnaces and we just thought that that would be the most appropriate spot for the AC units. I know there are two main concerns in regards to positioning the AC units right there. One of them will be for appearance, which we’re not aware there is an ordinance not to put them there. Like I mentioned, the builder did not know and the contractor did not know, so on the end of it we picked the best position for them, the most efficient spot and ergonomic spot. I can only show you through the pictures what we are planning to do and also I believe there is in the file – in the file there is a site plan revised with position of landscaping which we are planning to do in order to cover the corner because we don’t want this corner to be shown to the street definitely. The second issue probably with the AC units would be noise concern. The units are located about 74-ft. from our north side neighbor and 82-ft. from the street. And honestly when both of them are running, you cannot hear them. So, practically both of these issues can be covered and we’ll make sure after we spend so much time, money, to make this house to look nice on Merriman Road and to look nice for Livonia. I definitely will spend whatever it takes to make them to look nice and to be maintained properly. Also, part of having the AC units, there is keeping in mind that we do not want to run extra wires, extra plumbing, extra freon, and will probably be preserved in a long way from all the natural for environment in the long run. So, we just wanted to explain to you why we have them there. They got installed and we are actually kindly asking you to approve us, approve them to actually stay there. Henzi: Thank you. Petitioner: Thank you. Henzi: And you’ve taken steps to block them with the arborvitae, which looks nice. Had you ever considered, I know that they do build some covers that are designed to make the unit look like an existing shrub; have you ever seen those? Petitioner: Yes, I’ve seen them. The AC condensers have to have enough air around them to actually be efficient. So if I block the airflow to them, I’ll make them inefficient. They will overheat. In our plan the way how it shows in the picture these shrubs are only like 24-inches right now, but in two years they are going to be like 4-ft. or close to 3-ft. so practically it’s going to be like an evergreen fence around them. And we’re going to overlap them so we can service them, but in the same time you’re not going to be able to see them. And you can see in the picture that we do have the gas meter, we have the water line coming in, we have the exhaust of the furnaces, which are not pretty to be in that corner so we have to cover all those. So, the AC units are going to be covered anyway. Our concern in the first place to probably put a privacy fence around City of Livonia, Zoning Board of Appeals Page 18 of 35 July 10, 2012 them, but I don’t think its going to look so nice as the natural landscaping is going to look like. Henzi: Okay. Any questions? McCue: Mr. Chair. Henzi: Mrs. McCue. McCue: You said this is the second home in Livonia that this is? Petitioner: Yes, it’s the second home. It took us a while to decide to go this route, but knowing that the whole world is actually moving towards most – or more efficient technology, we considered to go on and build it that way. The first house was built on Laurel Street off of Seven Mile and we were very impressed with the efficiency of the house how easy it is to warm it up and how well its going to hold on to heating or cooling inside of it. McCue: And the location of those units at that other house; do you know? Petitioner: I did not pay attention, but that’s off of a street over there between like little forest, so you cannot actually see the house either. McCue: Right. Okay, thank you. Petitioner: No problem. Henzi: Any other questions? Hearing none, is there anyone that wants to speak for or against this project? If so, come on up. I see no one coming forward. Are there letters? Caramagno: Yes, we have an approval from the owner, but he spoke to us a minute ago. John Maykovich [20100 Osmus, Livonia] approval (letter was read). Maria Puscas [7155 Catherine Ct. Livonia] approval (letter was read). Philip Arpino [20135 Merriman, Livonia] objection (letter was read). Henzi: Mr. Puscas, anything you would like to say in closing? Petitioner: As I mentioned in the beginning, we were not aware of the ordinance. I was surprised that the builder was not aware either and the contractor was not aware of the ordinance. We found out when we were actually doing the driveway. I know the only reason we put them there it was for staying in the same way of the idea of building a high-efficiency house with high-efficiency systems. And on the end of it, it was probably the best location because I had all the utilities practically coming in that corner anyway and I was right next to the mechanical room in the basement anyway. So to me, it looked the perfect place to put them. I looked around after I found out there is an ordinance I looked around to see where I can actually put them. On one side of the house we have the master bedroom and probably I will hear them. On the west side of City of Livonia, Zoning Board of Appeals Page 19 of 35 July 10, 2012 the house there is a playing area and we have a lot of children in our family. They’re going to come and play plus my wife was mentioning about wildlife. We do have deers coming there and also the sound is going to be on them all the time like I was mentioning. They’re not going to last that long. So, we looked at all different possibilities. The only place where we can put them probably will be by the garage in the back of the garage and they’ll end of being actually closer to my neighbor and open in the back. So, it’s going to actually create more noise in way if we look at it that way. So coming back again, I think that’s the best corner where they can be and they will be very nice landscaped in so you cannot actually see them. I don’t know if my wife would like to add anything else in closing? Henzi: Okay. Thank you. Petitioner: Thank you. Caramagno: Mr. Chair. Henzi: Go ahead. Caramagno: This letter was dated July 5th from your neighbor. When did you put the little arborvitaes in? How long have they been there? Petitioner: I’m sorry? Caramagno: When did you put the little bushes in? How long have they been there? Petitioner: Oh, I put them over the last weekend actually I worked during Fourth of July. Caramagno: So this letter dated July 5th, I wonder if he wrote this before the landscaping was built around the bushes? Have you talked to him? Petitioner: Well, I talked to him in the beginning when I assumed that he had received the letter and I tried to explain to him. I said, “You probably received the letter and I’m only asking you to understand why. What was the reason behind putting these units there because I did not know about the ordinance.” See when you know about something and you go against it, it’s your fault. But when you don’t know about it and you’re just trying to be efficient in these days when everybody is trying to be efficient on the end of it I found it a little bit, you know, unpleasant to find out that - but there is a law. He actually told me there is a law and I then stopped commenting about it because yeah, there is a law. It’s not like I’m not respecting the law. I’m probably improving the law. So, we stopped talking about it and that was before we actually – I started to put the shrubs in. Caramagno: In his letter, in the neighbor’s letter, he talks about the visual aspect basically of having those in the front yard it causes an eyesore. When you spoke to him did he have any other reasons why he didn’t care them there? City of Livonia, Zoning Board of Appeals Page 20 of 35 July 10, 2012 Petitioner: No, no, actually I asked him directly and I know he’s here and thank you for being here. I asked him directly. I said, “Tell me if it bothers you. I want to know. I’m your neighbor. If it bothers you, then I will have to do something about it. No, it doesn’t bother me, but they don’t look good. I said, “Yeah, but I’m doing landscaping around it. You’re not going to see them.” And he did say to me that a lot of people come and say, you know, what’s going on with those units. Honestly, I don’t think people will really pay attention to two little AC units when you have this big house sitting in the front of you. Caramagno: I drive by there everyday and when you put the bushes, it made a difference to me. Petitioner: It does -- Caramagno: It’s a big house and it’s on my way home everyday. When you put the bushes in, it made a difference for me. Petitioner: It will make even a bigger one, but I do not want to put too many. I do not want to step ahead of your approval. I do not want to go ahead and cover everything up just to prove what we are trying to do. No, I wanted to put some to show you what we are planning to do because if you look at that section right in the front of them it’s a big section. We’re actually planning to put a bench and some trees there so practically you’re not going to see anything. Caramagno: Thank you. Petitioner: Thank you. Henzi: Anything else? Okay. I will close the public portion of the – oh, hang on. Good evening. Arpino: Good evening. I’m Philip Arpino to the north and -- Henzi: What’s your address, Mr. Arpino? Arpino: 20135 Merriman and you seen that he asked me and I really don’t care, but it’s still an eyesore. And right now he put the shrubs around there and it brings it out even more. And I did have – this weekend I had a party over there. I had about 150 people for my granddaughter’s graduation. And at least 10 or 12 people there were builders. I had electricians there and everybody that walked up said, “What’s up with that?” Everyone one of them commented about it. If this gets approved, I think we are opening up a can of worms with every contractor and every builder around. This builder and this heating and cooling guy if he doesn’t know the laws, then maybe we should see about pulling his license because I have been in the business all of my life and I know the laws. I mean, you know, that’s all I have to say. Thank you. Henzi: Thank you. Caramagno: Mr. Chair. City of Livonia, Zoning Board of Appeals Page 21 of 35 July 10, 2012 Henzi: Mr. Caramagno. Caramagno: If he were to move these units back behind his garage -- Arpino: Pardon me? Caramagno: -- further to the west behind the other side of the garage, obviously not an easy task does that make it noisier or better sight -- Arpino: It’s not the noise that I am worried about, you know, I’ve got a beautiful place, too. I’ve got a back porch there that I set up and I like to sit out there and have a beer every now and then or have company over and sit down and sit on my back porch and there it is. Everybody that comes over questions about it, you know, I mean I’m not trying to be a bad neighbor. I like to get along with everybody, you know, but its rules are rules and like I say if you guys go with it, I think the City is going in for – be opening up a can of worms because every contractor -- Caramagno: It’s all visual for you. Arpino: Well, it’s visual and it’s against code. I say being a builder I always abide by the rule and you know, these guys they should have known. They know the rules. You’re a builder for 20 or 30 years and you don’t know the rules. You’re not supposed to have it in the front. Caramagno: Thank you. Arpino: Thank you. Sills: Mr. Chair. Henzi: Mr. Sills. Sills: Would you have some suggestion as to where you would like these condensing units? Arpino: Well, like I suggested to Nick here that the perfect spot would have been on the south side underneath – they’ve got a cement deck there and the house is – his answer was that his wife didn’t like it next to the bedroom. You’ve got a 6-inch cement deck, you got 16 inch walls how are you going to hear them? You’re not going to hear them anyways. Sills: How far are these units away from your house? Arpino: My house? 70, 80-ft. Sills: 70, 80-ft. Arpino: Yeah, I don’t know. City of Livonia, Zoning Board of Appeals Page 22 of 35 July 10, 2012 Petitioner: 74-ft. Sills: That’s quite a distance, isn’t it? Arpino: Yeah. Sills: Do you hear the units at all? Arpino: No, it’s not the hearing. It’s just the code and, you know, we all have to abide by it and what makes me mad is that these contractors too being in the business and not knowing the code or hiding behind it saying I don’t know. Sills: So, your objection is the visual positioning of these units? Arpino: Right, and the shrubs now I think even makes it more attracted. You’re not allowed to put privacy fences in the front yard, but yet that’s a privacy fence around it. Sills: I will continue this when we go around. Thank you. Arpino: All right. Thank you. Henzi: Before we close, I had a question for Mr. Banko. Do you know how this came to the attention of the Inspection Department? Banko: I do not know how it came to the attention. I just heard after it came up that it was going to come before the Board. I heard the discussion about that. Henzi: I guess I’m just curious is it typical for permits of placement of condenser units to happen at the end of construction? Banko: I can’t answer that question. Henzi: Don’t know, okay, because that’s really the problem that you’ve got this huge beautiful home and then the builder goes ahead and puts them out there and then, you know, the Petitioner comes to us and says hey, let me keep it. I was just curious if this is something that, you know, they would have asked for a year ago or at the end? Banko: Yes, I would not be able to answer that. Henzi: Okay. I guess I will close the public portion of the case and begin the Board’s comments with Mr. Caramagno. Caramagno: Well, I guess walking into this I didn’t see it as a -- Brasgalla: I’m William Brasgalla. I live at 20169 Merriman Road second house away from their home at the corner of Norfolk and Merriman. And I guess I have listened to this what you have said that your contractor/builder was not aware of that. I’ve been in City of Livonia, Zoning Board of Appeals Page 23 of 35 July 10, 2012 construction for 45 years of my life here in the state of Michigan. I’ve been a licensed maintenance and alteration contractor and have been quite proud of that. And if your builder did not know that, there’s a name for that and it’s called ignorance. And that will never be tolerated at this Board. Now it may not be your fault, but it is his fault. Now, I did something today I normally don’t do. I knew I was coming here tonight and because I live two houses from your house I decided to drive down Merriman Road all the way to Joy Road and turn around and come back up. I only saw two condensing units. They were in front of your house. Now you do have the bushes on the one side, but these are very, very open to the street and I for one did not like them. And here we have an ordinance that has been violated and I think it should be taken into consideration that your contractor or builder is responsible for this to this Board. And that’s about what I got to say. Henzi: Thank you. All right, now I will really close the public portion of the case. Go ahead, Mr. Caramagno. Caramagno: And as I was starting to say, when I first looked at this, I didn’t look at it as strongly as I guess I have got to look at it now. I thought the landscaping around the condensers was beginning to be tastefully done, as is most of the rest of the house from what I have seen. You clearly have two neighbors that are upset with you about upset with the construction or the heating or cooling and I don’t know what your options are. I don’t know how easily those things can be moved if they can or can’t. I wouldn’t want them under my bedroom either. I don’t know that I like them on the other side of the garage, that can’t be easy. I would almost – well, not almost I would offer maybe a tabling resolution so you can look at this and see if there’s a real opportunity to move these things. I guess that’s where I’m at right now. Henzi: Mr. Duggan. Duggan: I back a tabling resolution. My issue is going to be that you said that you were talking about planning on covering the whole thing but you haven’t - I thought you mentioned you were putting in a few more bushes; is that you were talking about and then having a like a bench? Petitioner: Yes, there is a full section there, which is going to be surrounded by shrubs. So, all of that is going to actually cover the entire corner. Duggan: Okay. Unless I missed that you didn’t have that in here, did you? Petitioner: It’s on the revised site plan. It shows the AC units and the shrubs. Duggan: Right. I see the shrubs. So, I mean my question would be is that – I see the shrubs, but my question would be if you have that little bench, you know, if you’re talking about putting a bench there and blocking it off with all the bushes and putting a bench in there to block it off, you know, would the bench go in there? Petitioner: The bench actually is not meant to block the AC units. The AC units are going to blocked by landscaping by trees and shrubs. City of Livonia, Zoning Board of Appeals Page 24 of 35 July 10, 2012 Duggan: Right. Petitioner: The bench is supposed to be there like giving us the opportunity to sit like in a park because the area is big enough. So eventually the bench is going to help to cover the AC units, but it’s not meant to cover. The landscaping is going to cover the entire corner just because I have the gas coming in, the water coming in, the exhaust, the furnaces those don’t look good right now either. So, practically I’m going to cover the entire corner. So this is why we are standing up for not just to be efficient, ergonomic, this is going to be a nice also. Duggan: I believe that, but again, you know, with the shrubs I don’t know how many more you’re talking about putting in there. Your neighbors don’t really like it. It’s the first of its kind. I have never heard of it. When this came, I never heard of it. I asked her if she had ever heard of it and so I’d like to know how realistic is it to go on the other side that other portion. So, I would be open to a tabling resolution as well. Henzi: Mrs. McCue. McCue: I have to go with what Mr. Caramagno is saying as well. When we first walked in here, I didn’t think it was going to be as big of a discussion as it became. I will say, however, that I do believe that when you hire a builder and you pay them to build a building based ordinances and rules of cities it is their responsibility. I fully agree with you that it should be their responsibility to fix whatever has been done here and that combined with a couple of your neighbors that are that adamantly opposed I would agree with what everybody up here is saying is that I think a tabling resolution is probably a good idea for you in the fact that you can go back and address the situation with your builder and see if there isn’t a Plan B to appease everybody because I am not so sure it’s going to be resolved any other way. Henzi: Mr. Sills. Sills: I am going to go along with the tabling resolution, but I would like to make a couple of comments before I close. One comment I am going to make is that the Petitioner has an awfully large lot. He has a beautiful home. These condensing units cannot be seen from the street. I think what he has tried to do is please his neighbors with the shrubbery and I’d like to remind some of the people that come to the podium that this Committee sits in judgment of ordinances that are violated. That’s why this Committee is sitting here and it isn’t a question of ignorance or anything of that nature. People come here to us to try to explain why and if they are exceeding or opposing the ordinance in some form or fashion. That’s what this Committee is all about and we try to be fair with everyone. We listen carefully to every case that is presented to us and with all of the past cases that we’ve ruled upon, we come across with what I think a real good judgment on every case that’s brought before us. But yes, I will approve of a tabling resolution for tonight’s case. Henzi: Mrs. Aloe. City of Livonia, Zoning Board of Appeals Page 25 of 35 July 10, 2012 Aloe: Well, I won’t not approve of a tabling, but I will say that my feeling is that this Petitioner has the best interest at heart as far as taking care of this issue. And I think he’s sincere about it. He’s built a beautiful home and I have all the confidence in the world that he would landscape this to where it would have no visual effect on anyone. It sits back from the street. It’s over 80-ft. from the nearest neighbor and it might not have been the perfect thing to do, but it’s there and I understand what’s happened here and so I could actually have supported the petition. Henzi: I’ll go along with a tabling resolution. I mean I’ll have to admit if I were looking to buy this house, I would think why in the world did they put the condenser units there, it looks terrible. But the shrubs seem to do an awfully good job of blocking it, so there’s consensus for a tabling. I guess what I would suggest to the Petitioner is when you bring back your revised site plan, you don’t have to change it, but if you could just give us a little bit more detail like Mr. Duggan was saying about what it’s going to look like, where the bench will go. You would propose to stagger the line of arborvitae – just a little bit more detail about what that’s going to look like so that we can envision what it will look like. We can’t tell you how or whether to revise your plan. I will tell you what I tell every Petitioner when there’s a proposal for a tabling resolution, that is to listen to the comments of the Board and to come back and because there is no discussion on a tabling resolution, I will tell you ahead of time that the next possible meeting that you can get on is August 14th if you call the ZBA office by July 25th. Petitioner: The 25th? Henzi: If you call and talk to Marilyn by the 25th you can get on for the 14th otherwise, you will be waiting for the end of August. So having said that, the floor is open for a motion. Upon Motion by Caramagno, supported by Duggan, it was: RESOLVED, APPEAL CASE NO. 2012-07-34: Septimiu and Maria Puscas, 17155 Catherine Ct., Livonia, MI 48152, seeking to maintain two air conditioner condenser units located in the front yard, next to the front of the dwelling, which is not allowed. The established front yard is to be used for landscaping only. The property is located on the west side of Merriman (20121) between Norfolk and Fairfax, be tabled to allow the Petitioner to review the placement of the condensers and see if there is an alternative place to put them or bring back a more detailed plan of what it will look like by October 1, 2012. ROLL CALL VOTE: AYES: Caramagno, Duggan, Aloe, McCue, Sills, Henzi NAYS: None ABSENT: Pastor City of Livonia, Zoning Board of Appeals Page 26 of 35 July 10, 2012 (8:08 #1/2169) APPEAL CASE NO. 2012-07-36: Richard Ryan, 36407 Ladywood, Livonia, MI 48154, seeking to erect a six foot tall privacy fence upon a corner lot, along the side street, resulting in excess fence height. Fence Height Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the south side of Ladywood (36407) between Levan and Williams. Henzi: Mr. Banko, anything to add to this case? Banko: Not at this time. Henzi: Any questions for Mr. Banko? Good evening. Petitioner: Good evening. Henzi: Can you tell us your name and address? Petitioner: Richard Ryan, 36407 Ladywood. Henzi: Mr. Ryan, go ahead and tell us about your fence proposal. Petitioner: I’d like to remove my existing chain-link fence that’s 4-ft. high in lieu of putting up a 6-ft. high fence. The reason would be there’s a school nearby. I end up with trash and garbage in my backyard from the kids going home from school and I’d like to deter that if possible. And I also have two very young daughters that I’d like to protect with a 6-ft. high fence from the view that’s on Levan not that they’re put in any harms way, but I’d like to just shield them if possible. Henzi: Okay. And you’ve got a proposed vinyl fence with some lattice at the top is that exactly what you propose is the fence? Petitioner: That is exactly what I propose. Henzi: What color? Petitioner: Beige or almond I think it’s called. Henzi: Any questions for the Petitioner? Aloe: Mr. Chair. City of Livonia, Zoning Board of Appeals Page 27 of 35 July 10, 2012 Henzi: Mrs. Aloe. Aloe: This goes right in line with your neighbor in back of you, right? Petitioner: Yes. Aloe: So, yours is that same line, right? Petitioner: I will follow the existing line. Aloe: Okay. Thank you. Henzi: Anything else? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: This 6-ft. tall privacy is only going to be along Levan. You’re going to have some sort of a picket fence I see? Petitioner: I will have a 4-ft. scalloped fence along the – what is that, the west? West side of the existing back and the south side will be the back neighbor’s existing chain- link fence. And then I will have the 6-ft. PVC on the east side along the Levan side. Caramagno: Okay. Along the west side there’s chain-link now and you’re going to take that down? Petitioner: Yes. Caramagno: And put the PVC -- Petitioner: Put up the 4-ft. scalloped PVC, yes. Caramagno: Okay. And you’re also going to do that in the front on your north side? Petitioner: Nope. It will be only on the side of the house that we – it stops and dead ends at the back door. It doesn’t go in front of the house. Caramagno: But that piece of fence that faces north, I guess, you will do that the same as you will do on the west side? Petitioner: Yes. Caramagno: Okay. Petitioner: It’s – I think it’s 15-ft. from the house with a gate and it will be a 4-ft, yes. City of Livonia, Zoning Board of Appeals Page 28 of 35 July 10, 2012 Caramagno: That will be the entrance to your backyard? Petitioner: Yes. Caramagno: Okay. Henzi: Anything else? Is there anyone in the audience who wants to speak for or against the project? If so, come on up. Seeing no one, are there letters? Caramagno: Richard Malik [36470 Ladywood] writes approval (letter was read). Cheryl Tobin [36410 Ladywood] writes approval (letter was read). Henzi: Mr. Ryan, anything you would like to say in closing? Petitioner: No, I’m all set. Thank you. Henzi: Thank you. I will close the public portion of the case and begin the Board’s comments with Mr. Duggan. Duggan: I will support. I like that you weren’t going to do a double fence anywhere. I thought you might be doing that, but you’re on the corner of Levan. You’re on a corner, so I will support a privacy fence. You have your right especially with you having the school over there. You guys need it and I will be in support. Henzi: Mrs. McCue. McCue: I will as well. I think considering your location, the number of fences in the area that are similar and when you’ve got kids walking back and forth all the time, I get it on several avenues. So, I will support. Henzi: Mr. Sills. Sills: I have no objection. I will support 100 percent. Henzi: Mrs. Aloe. Aloe: I also will be in support and I’m glad to see that you’re putting up a vinyl fence. Henzi: Mr. Caramagno. Caramagno: And I was going to say that as well. The vinyl will look a whole lot better than the wood that’s just a few houses north of you. You’ve got a good plan here. Congratulations. Henzi: I agree. It is a heavily traveled road with the school and swim club. This is an obvious cut through and I think it’s reasonable to put the fence up. The floor is open for a motion. City of Livonia, Zoning Board of Appeals Page 29 of 35 July 10, 2012 Upon Motion by McCue, supported by Aloe, it was: RESOLVED, APPEAL CASE NO. 2012-07-36: Richard Ryan, 36407 Ladywood, Livonia, MI 48154, seeking to erect a six foot tall privacy fence upon a corner lot, along the side street, resulting in excess fence height. Fence Height Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the south side of Ladywood (36407) between Levan and Williams, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the Petitioner’s property is located on a busy road with increased foot traffic as well as car traffic. In addition, it will increase the safety for his children within his yard. 2. Denial of the variance would have severe consequences for the Petitioner as stated in the previous reasons and for the preservation of their property. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because there are already several 6-ft. foot fences within that area. 4. The Board received two (2) 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 “Low-Density Residential” 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 porch be constructed according to the plans that were presented to the Board including color, style, and no double fencing. 2. That the variance is good for six months. ROLL CALL VOTE: AYES: McCue, Aloe, Caramagno, Duggan, Sills, Henzi NAYS: None ABSENT: Pastor Henzi: The variance is granted with those two conditions. You have to build it as you presented and it’s good for six months. That means you’ve got six months within which to build it. City of Livonia, Zoning Board of Appeals Page 30 of 35 July 10, 2012 Petitioner: Thank you. Henzi: Good luck. City of Livonia, Zoning Board of Appeals Page 31 of 35 July 10, 2012 (8:15 1/2400) APPEAL CASE NO. 2012-07-37: Kendall Henaughen, 9269 Lamont, Livonia, MI 48150, seeking to erect a six foot tall privacy fence upon a corner lot, resulting in the fence being excess height and the fence being located within the side yard, which is not allowed. Fence Height Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the west side of Lamont (9269) between Northfield and Minton. Henzi: Mr. Banko, anything to add to this case? Banko: I have nothing to add, sir. Henzi: Any questions for the Inspection Department? Hearing none, good evening. Petitioner: Good evening. How are you? Henzi: Good. Can you tell us your name and address? Petitioner: Yes, my name is Kendall Henaughen and I reside at 9269 Lamont Street in Livonia. Henzi: Why don’t you tell us about your project? Petitioner: Yes, sir. I’m looking to continue the already existing 6-ft. fence behind me and I want to bring it along the north side of the street there, not going beyond the continuing fence just continuing there along the side and bringing it beyond my side door. Henzi: Why do you want to have the continued privacy fence? Petitioner: The issue with the home is there is no rear door, so access to the backyard would be the side door. I do have a dog and hopefully one day have a family there. And if I do have small children, I would like to be able to go straight into the backyard through the side versus coming out of the door then back through the gate. Henzi: In our package you’ve got a highlighted area where you propose to continue the fence. That’s how you want to do it; correct? Petitioner: Correct. City of Livonia, Zoning Board of Appeals Page 32 of 35 July 10, 2012 Henzi: And then tell us about the fence what it will be made of and that sort of thing. Petitioner: I would like to go with white vinyl. It also matches the home, which is white vinyl so it will look very nice. Henzi: Any questions for the Petitioner? Have you talked to any of your neighbors do you know what -- Petitioner: Yes, I have. Yes, Vicky and Dennis on the other side of the corner there I talked to them and she’s excited for it to go up. She doesn’t understand why the previous homeowner never did after 19 years. She actually told me to please go with vinyl because if she could have did it over again, she would have done vinyl and not wood. And then, I actually just met the neighbor next to me on the same street there for the first time last night and had a very decent conversation in the front yard. I actually have their letter. They didn’t have a chance to mail it in, so I have that if I may bring it forward. Henzi: Just pass it to the reporter. Petitioner: Thank you. Henzi: Any other questions? Hearing none, does anybody want to speak for or against the project? If so, come on up. I see no one coming forward. Can you read the letters? Caramagno: James Dykla [9231 Lamont] approval (letter was read). Pamela (& Kenneth) Nicoli [9365 Lamont] approval (letter was read). Vickie Parton [9325 Lamont Street] approval (letter was read). Christine Panaretos [9251 Stonehouse] (approval} letter was read. Barbara Ash [9234 Lamont] (approval) (letter was read). Patricia Sullivan [9226 Butwell] objection (letter was read). Henzi: Is there anything else you would like to say? Petitioner: No, sir. Henzi: I will close the public portion of the case and begin the Board’s comments with Mrs. McCue. McCue: I will support this. I think it makes a lot of sense to continue with what has already been started. It sounds like a majority of your neighbors would agree that they are happy with what you’re trying to do. And again, it seems to be consistent from some of the others that you have in the area, so I will support. Henzi: Mr. Sills. Sills: I will also support and congratulate you for going along with the vinyl fence. Henzi: Mrs. Aloe. City of Livonia, Zoning Board of Appeals Page 33 of 35 July 10, 2012 Aloe: I will also support this. I think the Petitioner needs security and privacy being on the corner, so I will be in support. Caramagno: Yes, it is a good-looking deal, good reasons for it, vinyl fence. I stopped by today and saw what the Petitioner is doing and it looked reasonable to me, too. Henzi: Mr. Duggan. Duggan: I, too, will support. I think it will be a great addition to the house. Good luck. Henzi: I, too, will support and I’d like to thank you – it appears to me that you have already talked to your neighbors before you started this process and they helped you and made some very good points in their letters and support. I think your plan is very good. You made a nice presentation, so I will approve. The floor is open for a motion. Upon Motion by Caramagno, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2012-07-37: Kendall Henaughen, 9269 Lamont, Livonia, MI 48150, seeking to erect a six foot tall privacy fence upon a corner lot, resulting in the fence being excess in height and the fence being located within the side yard, which is not allowed. Fence Height Allowed: 5 ft. Proposed: 6 ft. Excess: 1 ft. The property is located on the west side of Lamont (9269) between Northfield and Minton, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because Petitioner’s home has a side door on a side street with no protection at all and there are already 6-ft. fences on the south and west sides. 2. Denial of the variance would have severe consequences for the Petitioner because there is no yard privacy. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because there are very similar fences that abut this property and there are others in the neighborhood. 4. The Board received (5) 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 “Low-Density Residential” under the Master Plan, and the proposed variance is not inconsistent with that classification. City of Livonia, Zoning Board of Appeals Page 34 of 35 July 10, 2012 FURTHER, This variance is granted with the following conditions: 1. That the vinyl fence be built as presented to the Board. 2. That the variance is good for six months. 3. That the five-day waiting period be waived. ROLL CALL VOTE: AYES: Caramagno, Sills, Aloe, Duggan, McCue, Henzi NAYS: None ABSENT: Pastor Henzi: The variance is granted. As you heard Mr. Caramagno -- Petitioner: I have been told that there is a five-day waiting period. I was wondering if the Board would consider waiving that so I can get started right away. Henzi: Oh, okay. Caramagno: Yes, let’s waive it. Henzi: Sure. It’s been moved. All in support say, ayes. Board: (In Unison) Ayes. Petitioner: Sorry, I was a little late there. Henzi: No, that’s okay. That’s how we usually handle it. Did you know that that house was built by the Livonia Public Schools? Petitioner: Yes. We talked with the neighbors and that’s very exciting. I actually work for Toll Brothers, which is a luxury-home builder, so it’s interesting to see it from that aspect as well. Henzi: Good luck to you. Petitioner: Thank you very much everyone. Have a good night. Henzi: Thank you. Caramagno: Thank you. City of Livonia, Zoning Board of Appeals Page 35 of 35 July 10, 2012 Henzi: So, I guess nobody is here for the last case - maybe she is? Nope. There being no further business to come before the Board, the meeting adjourned at 8:25 p.m. _________________________ SAM CARAMAGNO, Secretary _________________________ MATTHEW HENZI, Chairman /hm