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HomeMy WebLinkAbout2012-09-11City of Livonia, Zoning Board of Appeals Page1of36 September 11, 2012 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A REGULAR MEETING HELD SEPTEMBER 11,2012 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, September 11, 2012. MEMBERS PRESENT: Matthew Henzi, Chairman Craig Pastor, Vice President Sam Caramagno, Secretary Edward E. Duggan, Jr. Elizabeth H. McCue Kathleen E. Mcintyre Robert E. Sills MEMBERS ABSENT: None OTHERS PRESENT: Michael Fisher, Assistant City Attorney Dennis DeMeyer, 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. Seven members were present this evening. The Secretary then read the Agenda and Legal Notice to each appeal, and each petitioner indicated their presence. Appeals came up for hearing after due legal notice was given to all interested parties within 300 feet, petitioners and City Departments. There were 9 persons present in the audience. City of Livonia, Zoning Board of Appeals Page2of36 September 11, 2012 (7:04 1/140) APPEAL CASE NO. 2012-09-44: Bruce and Cheryl Cyburt, 15395 Fairfield, Livonia, Ml 48154, seeking to construct an attached garage, resulting in excess garage area. The existing sheds will be removed. A carport comprises 180 sq. ft. of the proposed garage area. Garage Area Allowed: 1000 sq. ft. Proposed: 1254 sq. ft. Excess: 254 sq. ft. The property is located on the west side of Fairfield (15395) between Five Mile and Roycroft. Henzi: Mr. DeMeyer, anything to add to this case? DeMeyer: The Department has nothing to add at this time. Henzi: Any questions for the Inspection Department? I just had one. The only significance to the carport then is that it's added into the square footage? There is no other prohibitions or requirements relating to carports? DeMeyer: That's correct. Henzi: Will the Petitioners please come forward? Have a seat. There is a microphone right at the head of the table. You can move another chair up. Can you tell us your names and address? Petitioner: My name is Bruce Cyburt. Mrs. Cyburt: Cheryl Cyburt. Petitioner: We have at 15395 Fairfield. I have been a resident here for 48 years. I actually live across the street from the house I grew up in and we have over the years improved our property and one of the deficient areas is this garage. We have three kids and they all have cars. Our house looks like a used car lot, you know, we've had people drive by and say well, I was going to stop by and say hello, but it looked like you were having a party. It's becoming unmanageable. The way my garage is because it's very shallow and very short I can't park my truck in there. You can only park a small vehicle in there. If we could park in there most of the space is taken up but, you know, tractors and lawn implements and that sort of thing. So, we wanted to put a garage that we could unciutter our yard and park vehicles - actually park vehicles inside the garage, which we rarely have been able to do. This was our plan to have this garage - erect a current garage and erect a larger garage on the same footprint. We have a double lot so we have a lot of clearance for that and we were hoping you'd agree and we have an untenable situation as it is. We really don't want to leave Livonia and we love the City City of Livonia, Zoning Board of Appeals Page3of36 September 11, 2012 and have been a member of this community for a long time and we'd like to stay here through retirement, but this garage thing has to be taken care of. Mrs. Cyburt: The other thing is there is a lot of young children in our neighborhood now, lots of new families and we don't have sidewalks in our neighborhood, so what we find happening is kids, you know, they run up and down the front of the grass. We have no problem with that, but with cars in our driveway they divert out in to the street and there's young kids and I've seen many times where the kids are in the street and cars are coming down. I just dread what could possibly happen. We have no other alternative to park in our driveway as opposed to the street. Petitioner: Yeah, we are able to park on our grass and stuff. It's not great, but the pictures that I show here doesn't show the house across the street. Dan Friedenhall, he's got a similar situation with three kids where they are juggling five or six cars and so they're parked along the street. He doesn't have the ability to drive up on the grass like I do. And when you get the kids playing and running in between cars, it kind of makes me a little nervous. There's a bus stop just on the corner at Rycroft and I'm always wondering if one of these kids are going to dart out between these cars or whatever. Mrs. Cyburt: We had an agreement with the Friedenhall's across the street when our three kids are similar in age to theirs that we would have their driving friends not park behind driveways, but again that leaves no alternative because if we're not in the street we're either on our grass and like my husband said it looks like a used car lot. It's not safe and it's not good for the drive by appeal either. Petitioner: Yeah, we'd really like to unclutter that situation. Henzi: Okay. I have a couple questions for you. meaning the existing garage was in its -- Did you buy the house "as is" Mrs. Cyburt: Yes. Petitioner: Yes, that garage that's there was built in 1951 and it's rotting. It has to be replaced. The cement is cracked. Henzi: The other question I had it looks like there's a lean-to or sort of what I deem a temporary structure in the back. Petitioner: Yes. Yeah, we would get rid of the shed. Mrs. Cyburt: Those would both go, yes. Petitioner: One of them is a playhouse and one of them is a shed that's actually full of stuff that can't fit in the garage. We are incorporating that into the garage design. Henzi: And then, can you just describe the building materials that you would use on the new garage and how you'd move it, that sort of thing? City of Livonia, Zoning Board of Appeals Page4of36 September 11, 2012 Petitioner: Actually, our builder is here and he can actually answer that question better than I can, but it would be vinyl sided just like the house, so it would look like the house. Go ahead, Aristide Abraham. Abraham: Aristide Abraham. You need my address, too, you said? Henzi: Just your business address, I guess. Abraham: J.P. Quality Carpentry. The building materials used are of the same quality as the house. The way the plan is right now we would attach the garage to the house through the breezeway. There is a small little porch right now behind the house. We would take that down and reattach it to the house to tie it all back in. By the time we pull out you wouldn't even be able to tell that it was an add-on, it's like one structure. Petitioner: I have a rendering here if they'd like to see that. Abraham: I think they all have the rendering. Henzi: So, the siding will match in color and the shingles will match? Abraham: The siding will match in color. The shingles will match in color. We will match the shingles and the siding. Henzi: I'm looking at the rendering and do you have to construct this breezeway? Abraham: Correct. Henzi: Okay. Abraham: Right now it is only 6 ft. out of the house. We are going to extend it all the way so that the rooftop of the breezeway will attach to the structure of the garage. Henzi: Okay. Any questions for the Petitioners? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: So you're actually moving the garage to the south? Petitioner: No, the width is expanding to the south, yeah. Abraham: Correct. The north side is the same line. The south is moving over a little bit. Sills: Are you still leaving the same doors on the garage? Abraham: All new materials. City of Livonia, Zoning Board of Appeals Page5of36 September 11, 2012 Sills: The one thing I noticed you have two sheds back there that you said you're going to eliminate. You also have a canvass enclosure next to the sheds. Petitioner: That's just temporary because I had to move the stuff out of the garage in order to demo the garage. I only put that up last weekend and that's just temporary for the purpose that once a garage is erected that will come down. Mrs. Cyburt: So, bikes and things are protected from the weather. Sills: Is the trampoline that you have in the south corner of the lot is that in use at the present time? Mrs. Cyburt: Not at the present time. It requires some repair so it's not being used. Sills: You have a number of cars probably about six? Petitioner: We have six vehicles, correct. Sills: Mike, is there anything in the City Ordinance restricting the number of cars per family? Fisher: Not really, not any that I know of. I mean there are certain things that talk about recreational equipment and that kind of thing. Sills: Right. Fisher: But there are no real regulations that say you can only have so many cars. Sills: Okay. Oh, and the other thing I noticed, you have a lot of cabinets and things on your front porch. Is there some -- Petitioner: Oh, that's because I am painting the kitchen. Mrs. Cyburt: We are redoing our kitchen as well. We don't have a garage to store them in so it's temporary as well. Sills: Okay, because it looks like somebody was just moving in. Petitioner: No, some of that clutter is actually from our garage, which is now empty. Sills: Okay. Thank you. Oh, one more thing. I did notice there's a start of a deck on the back of your house? Petitioner: Yeah, there's a builder who is building a deck currently. We pulled a permit for that. Sills: So, you're going to complete that deck, right? City of Livonia, Zoning Board of Appeals Page6of36 September 11, 2012 Petitioner: Yes. Mrs. Cyburt: Absolutely. It's about half finished. Sills: Yeah, that doesn't show on any of your photographs. Petitioner: Well, that was just started about the time this petition was drafted. Sills: All right. Thank you. Henzi: Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Can you give me a reason why you need an extra 254 sq. ft. above our Ordinance? Petitioner: Well, honestly I didn't realize that the carport was going to be counted as square feet, but really what's happening here with that extra square feet is the breezeway that goes to the garage the area I front of it is actually going to take the shed - not the shed that I have, but they are going to build a new shed that's part of the garage and it will occupy that area in front of the breezeway because there's a service door right at the front where you just make a left in the garage. So, the roofline is extended and we put a shed there that way I can keep things out of the path of vehicles and bring stuff in the shed in that shed. Pastor: Why can't you incorporate that into the 1,000 sq. ft. that the Ordinance allows? Petitioner: Well, this is a three-car garage and I don't know if you have like vehicles and stuff like I have a motorcycle, I have a tractor, I have a lawn mower that stuff blocks the path of being able to park cars. It kind of relieves the pass area inside the garage so that you can actually park vehicles in there like my tractor could be in that shed and I would still have -- Mrs. Cyburt: A three-car garage. Petitioner:-- yeah, a three-car garage. Pastor: Thank you. Henzi: I think you just explained something for me, but I want to make sure. On one of these renderings there's an area outlined in green where it says variance needed is that where you're talking about that would be the shed that you just mentioned on the side near the breezeway, or are you describing that there would be a shed, you know, basically -- City of Livonia, Zoning Board of Appeals Page7of36 September 11, 2012 Petitioner: That little area there that is like an attached shed part of the -- Henzi: Connected to the garage, but you access it from the outside to get things like your tractor? Petitioner: Correct. Henzi: I got it. Petitioner: Yeah, there's a little swinging door there. Henzi: So when you or your builder wrote variance needed, are you telling us that this green shaded-in area is what gets you over a thousand square feet? Petitioner: Yes, because the actual garage space is, I think, 896 sq. ft? It's roughly 900 sq. ft. but the carport, they're counting that as square footage and then that she that's being incorporated into the roofline is additional square foot. Henzi: Dennis, then this question is for you. What about that area between the proposed exterior shed towards the house that would be a covered breezeway, does that get counted, too? DeMeyer: No. Henzi: No, okay. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: How many cars are you going to be able to fit under this lean-to or carport? Petitioner: Actually, the lean-to I plan to park my trailer there, but it would fit a car if I wanted to do that. I have an aluminum trailer. One of the pictures shows it sitting next to the garage. It's normally not cluttered like, but I was cleaning out the garage. Pastor: Thank you. Henzi: Are you going to have doors in the back? Petitioner: Yeah, the door in the back is -what we're going to do is the fence that cuts off access to the garage we're going to make a turn and we're going to make it go up to the garage so that if I wanted to actually in the back of my garage, I could drive through that first bay, open up the back door, you know, be it for tractor or whatever. Henzi: So you have a 6 or 8 ft. rolling door in the back that you could just take your tractor straight through? City of Livonia, Zoning Board of Appeals Page8of36 September 11, 2012 Petitioner: Yes. Mrs. Cyburt: Straight through. Petitioner: Right, so I can keep the front closed and looking good. Sills: Mr. Chair. Henzi: Mr. Sills. Sills: To the Petitioner, is your current driveway going to be sufficient to service your new garage? Petitioner: Yeah, actually part of the lead into the garage is going to be expanded to the left so it's going to be cement all the way up to the garage, the full width of the garage including the carport. Sills: Okay. So, you are going to add some cement to the width? Petitioner: Yes. Sills: Okay. Mcintyre: Mr. Chair. Henzi: Mrs. Mcintyre: Mcintyre: So, you will then still have three cars that need to be parked outside of the garage; is that correct? Mrs. Cyburt: At times, yes. Mcintyre: Okay. Petitioner: Yeah, but the driveway is two spaces wide. Mrs. Cyburt: And by opening it up with the fence it will be at least be in the backyard and away from the neighbors, the kids, the streets. Mcintyre: Okay. Henzi: Any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. City of Livonia, Zoning Board of Appeals Page9of36 September 11, 2012 Pastor: What kind of power do you plan on putting in this garage just regular 110? Are you going to have a machine shop in here? Petitioner: No, I don't do that kind of work. I putz around with woodworking, but it's not at that level. Actually if you look at page two you can see the wire going to my house, there's like a riser. Well, what we were going to do is we were going to take the wire to the garage and the garage was going to go to a conduit to service the house. So, there would be 220 there, but I don't plan on using anything. Pastor: So, you will have a full service in your garage. Petitioner: Correct. Pastor: Full house service 220 amp. Petitioner: Yes. Henzi: I just have one or two more. I didn't see the garage height. Do you know or does your builder? Abraham: That's up in the air right now depending on how this goes. Henzi: Well, what's proposed? Abraham: Proposed right is about a story and a half, 16ft. Henzi: 16, okay. And is there going to be a loft? Abraham: There's going to be a loft there, correct. Henzi: Is that shown anywhere? Abraham: I was asking for these documents that it wasn't necessary. So, I didn't draw the plans itself. I was told that we can go up to 35 ft. and it wouldn't matter by the department downstairs. He said he can go up to 35 ft. it doesn't matter. Henzi: Dennis, I thought it was 16 for garage. DeMeyer: I believe it is 16ft. Abraham: We were planning to stay under the 16. DeMeyer: Well, it's 16ft. Henzi: So, just tell us what the loft is going to be. I mean, you're going to have an access stairway somewhere in here, maybe in the back and then - Abraham: In the back corner. Page 10of36 September 11, 2012 City of Livonia, Zoning Board of Appeals Petitioner: Yeah, that's a storage area. There will be two windows on each end. Henzi: Do you have a basement in the home? Petitioner: We had a small basement - when I did the right half of the house, most of the house is on a crawl space, but I added a small basement to the right under the right half back in 1992. Henzi: And this home dates back to at least 51? Mrs. Cyburt: Correct. Petitioner: 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. Hogan: My name is John Hogan and I live at 15316 Brookfield, which would be like the southwest corner or their northeast kiddy corner from where I live. And I feel that looking at the plans and the existing condition of the yard with buildings and structures that they have right now that it will kind of enhance the neighborhood and give it more curb appeal and possibly increase the value of the home in the area there. And obviously with the homes not being that high in price and things, it definitely will enhance the neighborhood. And I am very much for the plan that they get the approval for that. Henzi: Thank you. Hogan: Any questions? Henzi: Anybody have any questions? Hogan: Thank you for allowing me to speak on their behalf. I appreciate it. Henzi: Anybody else want to speak? I see no one else. Are there letters on this case? Caramagno: Patricia Leopardi [15406 Brookfield] approval (letter was read). John (& Patricia) Snider [15520 Brookfield] approval (letter was read). Susan Madgwick [15331 Fairfield] approval (letter was read). John Eastman [15422 Fairfield] sends an approval. Charles Hoff [15507 Fairfield] approval (letter was read). Daniel Fredendall [15412 Fairfield] approval (letter was read). Henzi: Mr. and Mrs. Cyburt, anything you would like to say incising? Petitioner: No, I think that- thank you for giving us this opportunity to speak to you. Henzi: Okay. I will close the public portion of the case and begin the Board's comments with Mrs. McCue. Page 11of36 September 11, 2012 City of Livonia, Zoning Board of Appeals McCue: Everything looks really nice to me, you know, you're talking appeal from the curb as well as safety and I get what you're saying when kids are darting in and out when you've got bus stops and things like that. More than anything even if I was a neighbor, I think I would be very happy with the fact that you weren't going to have cars parked on your front yard. So, I will be in support. Henzi: Mr. Duggan. Duggan: I like the plans. I think you need a garage and I was totally for it, but I didn't realize you had a loft and listened until I realized that it was in the plans. So, with that, you know, before we haven't had a loft and you know, I'd like to see more plans on that because we haven't really seen the finished garage plan concerning the loft. So, I don't know if we'd be open to doing a tabling resolution, but I'd like to see more plans on the loft. Henzi: Mr. Pastor. Pastor: Yes, you've done a wonderful job on the plans, but I'm also finding out that there's a loft, I kind of feel that the square footage is skewed. I think you can do a little bit better with the square footage. You have a large lot, but you don't have an oversized lot. I appreciate why you need this I really do, but I'm thinking this is a little large and I think I would support it with a tabling resolution myself. Henzi: Mr. Caramagno. Caramagno: When I look at the size of the lot, it is a double lot and I look at your existing garage, the first thing I see is man, something needs to change here and change for the better. So, I see the need for the garage. If it will help get the cars off that grass, I think that is a huge deal for me. I don't particularly like cars on the grass. It doesn't help things. It doesn't help the look of the neighborhood at all. As far as the square footage of your garage, I'm not troubled with it you have a big family and you do have a big lot. I can see the reason for the need especially eliminating two sheds as well and you're going to put things inside removing structures off the property. The 16 ft. height of the garage when you said 35ft. I was concerned, but 16ft. when you look at the height of your home I don't think that will look out of place and I don't think it's going to be too terribly distracting in the neighborhood. So, at this point I'm in support. Henzi: Mrs. Mcintyre. Mcintyre: For most of the same reasons, I would also be in support of it. I think given your double lot size it's very reasonable. I always prefer to see a nice-looking garage than sheds and a lot of stuff in a yard. I know it's not related to this I think I would really like to see that trampoline either fixed or taken out. It just seems to me, and again, that really is not within the purview of our Board, but you're going to have this really nice- looking garage and so, you know, having a yard that looks as nice as the garage I think is important, but being willing to invest in a structure that's going to improve safety, aesthetics, you know, everything curb appeal, I'm very supportive of it. Page 12of36 September 11, 2012 City of Livonia, Zoning Board of Appeals Henzi: Mr. Sills. Mcintyre: I'm sorry. One other thing and just again, as long as it's going to be within the 16ft. City requirement then I don't have any concern with the loft as long as you're not doing anything outside of the height requirements. Henzi: Mr. Sills. Sill: Well, I think in general the lot needs a lot to be cleaned up. I understand you're doing work on the inside and that's why you've got things placed on the front porch and things like that. I think you've done an excellent job of planning this. You've got probably the largest home in the neighborhood and I agree with my constituents that getting the cars off of the lawn is a good idea. And if nothing else, we'll let it go to that. I can support this petition. I can understand where you're coming from. You certainly have a lot of support from your neighbors and being that you have lived in Livonia for so many years and intend to stay here that's a plus for you also. So, I will be in support. Henzi: I think I'm going to support this as well for a lot of the same reasons. This is a rural style street. The styles of the homes don't necessarily match. I think that what you propose could be very nice. When I first saw this I thought, boy, carports that doesn't sound very good to me, but I understand why you've elected to do that because the garage as it exists right now that right-hand bay seems almost not useable. You can get a car in, but good luck getting it out certainly if your kids are parked in the driveway. So, I think you have given good reasons for putting that carport over there because it also opens up the driveway and alleviates the problems. There's a lot of neighborhood support and I, like Mrs. Mcintyre, I'd rather see things enclosed than just out and about. The last thing, I'm pretty stringent, I think, on the 16ft. requirement. I'd really like to limit it to 16 ft. and then a requirement that no other outbuildings and the standard electrical service. I think that that will suit your purposes. So, the floor is open for a motion. Upon Motion by McCue, supported by Caramagno, it was: RESOLVED, APPEAL CASE NO. 2012-09-44: Bruce and Cheryl Cyburt, 15395 Fairfield, Livonia, Ml 48154, seeking to construct an attached garage, resulting in excess garage area. The existing sheds will be removed. A carport comprises 180 sq. ft. of the proposed. Garage Area Allowed: 1000 sq. ft. Proposed: 1254 sq. ft. Excess: 254 sq. ft. The property is located on the west side of Fairfield (15395) between Five Mile and Roycroft, be granted for the following findings and reasons of fact: Page 13of36 September 11, 2012 City of Livonia, Zoning Board of Appeals 1. The uniqueness requirement is met because the location of the garage in relation to the home makes the accessibility of parking difficult and also reduces the number of parking spaces. 2. Denial of the variance would have severe consequences for the Petitioner because it limits the amount of safe parking around the home. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because it increases safety in the neighborhood, improves the appearance of the property, and there are no neighbors who are against the variance. 4. The Board received six (6) 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 garage be built as proposed on the plans presented to the Board with materials matching the home. 2. That the garage will have the standard electrical service. 3. That there will be no other outbuildings on the property. 4. That the garage will not exceed 16ft. in height. 5. The variance is good for six months. ROLL CALL VOTE: AYES: McCue, Caramagno, Mcintyre, Sills, Henzi NAYS: Duggan, Pastor Henzi: The variance is approved. I will read the conditions one more time. You have to have the standard electrical service, which your building will work with the City on. No other outbuildings. It's got to be completed within six months. You've got to construct it according to the plans with the materials to match as you have discussed tonight and then it's not to exceed 16ft. in height. Good luck to you. Petitioner: Thank you very much. Mrs. Cyburt: Thank you very much. Page 14of36 September 11, 2012 City of Livonia, Zoning Board of Appeals Sills: Does the deck have to be done at the same time also? Henzi: Dennis, isn't that- when they pulled the garage demo permit -- DeMeyer: They have already pulled a permit on the deck so they are in the process of-- Henzi: Okay. And then when they demo -well, when they basically enlarge the garage, wouldn't they pull two permits one to demo and one to build? DeMeyer: That's correct. Henzi: They do that all at once? Sills: And the canvas structure will be removed? Petitioner: Yes, that's just temporary. Mrs. Cyburt: Yes. Henzi: Dennis, is that something you could do in the field as part of the permit process? DeMeyer: I'm sorry? Petitioner: Get rid of the canvas? DeMeyer: The canvas structure is that what you're going to put as a condition on this? Henzi: Well, I'm just asking. We could add it. DeMeyer: Sure. McCue: Again, you said that's temporary that you just put that up in the last week. Petitioner: Yeah, when the new garage is built, the sheds and the canvass structure will disappear because I will move the items that are under it into the garage. DeMeyer: That would be under "no other outbuildings" then. Henzi: Oh, okay, well then, we're covered. DeMeyer: We're covered? Henzi: Yes. We just wanted to make sure that they would know when they make the final inspection. Petitioner: Yeah, I don't like it either, but I didn't want to leave it out in the rain. Page 15of36 September 11, 2012 City of Livonia, Zoning Board of Appeals Henzi: Yeah, that's understandable. Good luck to you. Petitioner: Thank you. Mrs. Cyburt: Thank you very much. Page 16of36 September 11, 2012 City of Livonia, Zoning Board of Appeals (7:29 1/1164) APPEAL CASE NO. 2012-09-45: Dorothy Geller, 8990 Fredrick, livonia, Ml 48150, seeking to maintain a six foot tall vinyl privacy fence without obtaining approval from the adjacent property owner, which is not allowed. The property is located on the east side of Fredrick (8990) between Arizona and Alabama. Henzi: Dennis, anything to add on this one? DeMeyer: The Department has nothing to add at this point Henzi: Any questions for the Inspection Department? Petitioner: Hi. Henzi: Good evening. Petitioner: Hi. This is my niece. She is going to talk. I'm a little upset Henzi: Please tell us your name. Representative: My name is Resa Malcangi. Henzi: Your address. Representative: 1235 E. Twinbrook, DeWitt, Michigan. Henzi: And then this is Mrs. Geller with you? Representative: Yes. Henzi: Okay. Go ahead and tell us why you want to construct the privacy - or keep the privacy fence. Representative: Well, to keep the privacy fence we got a signature from the person that lives in the house's son. She was not home. He was all for it and I think everyone else in the neighborhood has sent in letters, but I didn't understand that it wasn't the property owner. So, the reason she wanted a new fence was the cyclone was looking pretty shabby. It was rusty and just kind of looking ugly and the noise from Merriman was getting a bit much. She had and another neighbor had caught some kids from other neighborhoods jumping fences and hopping yards. It doesn't make her feel real safe. So, this is a higher fence that they can't jump and when I come to visit which is quite frequently now that my uncle has passed away I have two dogs and, you know, they are prone to bark at the other dogs in the neighborhood. So, it is quieter with the dogs out there. Everyone can enjoy their yard. It's a maintenance-free fence for her also. So, Page 17of36 September 11, 2012 City of Livonia, Zoning Board of Appeals that was the main reason and my uncle had her had talked about doing that before he passed. So, she kind of wanted to do what he wanted also. Henzi: So, as far as you know all the neighbors approved? Representative: Yes. As far as I know, they all came over and said we have no problem with it and I'm not sure who didn't approve. I got the address of who didn't, but it's Irma Kerwin is the owner of the home. Henzi: I see all approvals in the letters. Representative: Yeah. Henzi: What's the address of Mrs. Kerwin? Representative: 9059. Henzi: Oh, okay. Representative: But I think everyone else loves it because it looks nicer than the chain link, it's safe. Henzi: And then did you get approval form 9071? Representative: I don't know who that is. Fisher: There's a letter in here for that. Henzi: Oh, there is? Fisher: Yes. Henzi: So when you started this process, you probably talked to rear-yard neighbors? Representative: Oh, there was no one living there that was the other house. That house was vacant and in the process of the fence being erected right after that, we had no idea that it had been sold. It was kind of a - I think it was a foreclosure. So, there was no communication with anyone because no one was there and I think the other neighbors told me that house got broken into maybe once while it was vacant. So again, the little bit of higher fence for no jumping type of thing. Henzi: Any questions for the Petitioner? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: The house that was vacant what address was that? Page 18of36 September 11, 2012 City of Livonia, Zoning Board of Appeals Representative: I honestly don't know. I talked with the landowner on Labor Day and he was all for it, but it's adjacent to her and I don't know his address. His first name is Gary. DeMeyer: At 9071. It was registered in our vacant and abandon program in December of '11. Representative: And he said he was going to send an approval and he loves the fence. DeMeyer: There is somebody living in it now. They just had final inspection on September 4th of this year. Pastor: So, 9059 is the one that is complaining? Representative: That's what I'm told, yes, but we have a signature from the son that lives there. Pastor: Does the son live there or does she live there as well? Representative: I think the son lives there also. Pastor: So, they both live together? Representative: Yes. Pastor: Thank you. Henzi: Any other questions? Duggan: Mr. Chair. Henzi: Mr. Duggan. Duggan: Which neighbor has, one of your neighbors had a privacy fence? Was that the one - the yard that has the privacy fence does that border the 9059 which doesn't approval? Representative: No privacy fence it was all chain link. Duggan: Does one of your neighbors to the side of you have a privacy-- Representative: Oh, yes, yes. That was approved, too. Duggan: Yeah, does that property border the property of the homeowner who-- Representative: I can't tell because it's a privacy fence so - it does border it, but I don't know if the back does. I think they have a privacy fence in the back, but I couldn't tell you. Page 19of36 September 11, 2012 City of Livonia, Zoning Board of Appeals Duggan: All right Representative: It's taller than hers. Duggan: Thank you. Yeah, right, I know. Okay. Thank you. Henzi: Anything else? Does anyone want to speak on behalf or against this project? Come on up. Chaplin: My name is Jamie Chaplin. I live at 9059 Merriman. Irma Kerwin was my mother. She passed away in 2005. The house is mine. I had no idea that there was going to be a privacy fence erected. My son told me that Dorothy had talked to him and said she wanted to put one up and I said, okay, fine, you know, that was fine with me. I was waiting for the paper to sign. And then one day I got home from work and I pulled up in my driveway and I see this white plastic fence. My yard buts up to two other yards her yard and another house. Half of my backyard is a weathered wood fence and then now the other part of my yard is this white plastic fence and it's very - I have pictures of what it looks like from my yard. I would not have approved a white plastic fence. I would have approved -- Petitioner: It's not plastic. It's vinyl. Henzi: We'll give you the final word, Mrs. Geller. Petitioner: I'm sorry. Chaplin: Well, plastic, vinyl. Vinyl is plastic. I would have of the wood fence, you know, so that it looked all the same from my yard. And there's also a wood fence between her house and her next-door neighbor. I would have assumed that it would have been a continuation of the wood fence. I mean, it's just too different. It's like night and day. Henzi: Well, what was there before chain link? Chaplin: Chain link. Henzi: This is just my opinion. To me this looks better than the wood and chain link. What's your opinion? Chaplin: My opinion? Henzi: Yeah. I mean, you had two different fences and I'm asking what's worse? Chaplin: Yeah, but they kind of blended. I mean if you looked out in the yard at night it all disappears. This white thing glows in the dark. It really does. I mean, and part of my yard near that wood fence just like disappears, but this white fence it just sticks out Henzi: Did you know that your son signed something? City of Livonia, Zoning Board of Appeals Page20of36 September 11, 2012 Chaplin: No, I did not, not until the fence was already up. Henzi: How old is he? Chaplin: He just turned 35, but he is not the homeowner. He really didn't have the authority to sign anything. I kept waiting to get a paper in the mail. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: So, you're not objecting to the privacy fence you're objecting to the color of the privacy fence? Chaplin: Yeah, it's just too different and the materials are too different. Pastor: So, you would rather have an old looking fence on the other side instead of a brand new white fence? Chaplin: Yeah, I like the natural look. I don't- part of it is this weathered wood fence, you know, that my other neighbor has and then it just ends and then this white plastic thing starts. Pastor: Thank you. Henzi: Any other questions for the speaker? Okay. Thank you very much. Is there anything you would like to say in closing? Representative: I would. When I found out- I looked up the address to see who was the owners to make sure we did get the right signatures, but it's not registered in her name, the home. Chaplin: It's not registered in my son's name either. Representative: No, but no one knew that when he signed the papers. So, I guess my question is how do we get the signature from a woman who passed away in 2005? Henzi: Yeah, Mike, what's the verdict? Representative: Well, we do have someone who has dwelled in the house and is of legal age. Fisher: I guess there is some legitimacy to say that the son had apparent authority here even if not actual authority. As to your question about how you verify you've got the correct owner, did you look on the City's tax records? Representative: Yes, I did. City of Livonia, Zoning Board of Appeals Page21of36 September 11, 2012 Fisher: Well, you have a slightly higher level of official status if you look in the actual Register of Deeds. Representative: Okay. Fisher: But I don't know if-- Representative: Well, it was labor Day weekend. Fisher: Because I don't know what's at the Register of Deeds. I don't know who that shows as the property owner. Representative: Okay. Fisher: But that is the answer -- Representative: Okay. Fisher: -- as to how you can make sure you have got the right person. Representative: Okay. Chaplin: May I say something? Henzi: Sure. Chaplin: I have been in this house on and off since I was the age of 11. Dorothy lived there already when we moved in when I was 11. She knows my mother passed away in 2005. She knows that I was now the homeowner whether my name is on the records or not. She knows my son is not the legal homeowner that he just lives there that it is my house. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: How do you expect her to know that? How do we know that your mother didn't will the house to your son? I have personal family experience with something like that. So, would anybody know that? Chaplin: We've had conversations. She knows that my mother left me the house. Pastor: So, why haven't you changed the tax rolls? Chaplin: You know, I have changed everything else. I really miss my mom and it's like that's the last thing I have to do and it's like once I do that my mom is really gone. And so I haven't really done it. City of Livonia, Zoning Board of Appeals Page22of36 September 11, 2012 Pastor: Have you changed the deed? Chaplin: No. Pastor: So, you're not the legal owner of the house yet. Chaplin: No, but my attorney says that for all practical purpose I am. Pastor: Thank you. Henzi: Okay. Go ahead, Mrs. Geller, if you would like to say something. Representative: Thank you for hearing us. Petitioner: Well, I thank you all for being patient and all. I really wanted security because I lost rny husband in March and we had discussed this. He said Merriman, you know, it's very, very busy now. This is why I wanted it for protection and just for the noise and all, and I live alone. So, I don't like to cause problems so I'm sorry. Henzi: No need to apologize. Mrs. Mcintyre, go ahead. Mcintyre: I have a question. At the time that you got the son's signature did you believe that he was the owner of the house and -- Petitioner: Just that he was a resident, I mean I haven't seen this lady in three years. haven't spoken to her in three years and the son was a very nice boy. Mcintyre: Was he the constant resident of the home? Petitioner: He's who I saw when I carne to visit always. Mcintyre: Thank you. Petitioner: Always talked to him. He came right out. He comes over. He'd come over and have a beer and chat. He said it's a good idea for security, you know, when he heard my husband died. He came and hugged me. Henzi: Did he sign it on the spot or did he take the paperwork with him and bring it back another day? Representative: What I have here is a copy. Apparently, the man who installed the fence did not have the proper paperwork so he made something up and there is a Xerox copy. He signed it on the spot. Henzi: Got it. Sills: Mr. Chair. City of Livonia, Zoning Board of Appeals Page23of36 September 11, 2012 Henzi: Mr. Sills. Sills: You are here before us to- you're seeking to maintain a 6-ft. tall privacy fence? Petitioner: Yes. Representative: Yes. Petitioner: It's a beautiful fence. Sills: Did you obtain a permit to put that fence up? Petitioner: Yes. Representative: Uh-huh. Sills: You did? Petitioner: Well, Home Depot did. Representative: They installed it. They did all the permits. Sills: Okay, so there was a permit to put the fence up? Representative: Yes. Sills: So, the fence was put up? Representative: Yes. Sills: Okay. DeMeyer: Can I clarify that? Sills: Yes, I would like you to. DeMeyer: There was a permit ready to be issued through our Department and upon the complaint we put a stop to the permit, but it was ready to issue. With the approval letters that our Department obtained, our Planning Department like I said, was ready to issue the permit and then we got the complaint so then we stopped issuing it. So, the fence contractor installed it with the assumption that he was going to get the permit. Pastor: So, he applied for the permit. So, everything's go. He put it up and never picked up the permit. DeMeyer: Correct. Pastor: And then a complaint came in. City of Livonia, Zoning Board of Appeals Page24of36 September 11, 2012 DeMeyer: And then a complaint came in; that's correct. Pastor: So, the permit was issued but never picked up. DeMeyer: It was ready to issue, but then it got stopped. Sills: So, is it a legal fence or isn't it? DeMeyer: Nobody has inspected it yet so we don't know. Henzi: Did this all happen within the last couple months? DeMeyer: Yes, it did. Henzi: All right. Any other questions? Then I will close the public portion of the case and begin the Board's comments with Mr. Duggan. Caramagno: We've got some letters. Henzi: Oh, I'm sorry. Caramagno: Mary Carden [9114 Frederick] approval (letter was read). Virgil Blair [9048 Merriman] approval (letter was read). Barry Crays [9071 Merriman] (letter was read). Rene Warren [8966 Frederick] approval (letter was read). Shelley Wiag [8999 Frederick] approval (letter was read). Joseph Ebbitt [8931 Frederick] (letter was read). Lloyd (& Sandra) Lucas [9036 Merriman] approval (letter was read). Carmen Krueger [9111 Frederick] sends an approval. Henzi: Now, I will close the public portion of the case and begin the Board's comments with Mr. Duggan. Duggan: I will be in support of maintaining the fence. You went over there the person who lives there that you interacted with - you went over and got permission from him. As for the inconsistency of the fences, I understand that argument, but it's better than the inconsistency of cyclone fence. So, I will be in support. I want to see if the rest of the Board is open to - since a permit was never actually pulled you technically put it up when you weren't supposed to so I don't know if anyone on the Board would be doing some sort of fine and talk to your builder about it, but I will be in support of maintaining the fence. Henzi: Mr. Pastor. Pastor: Yes, I will also be in support of this fence. I think the Petitioner tried to do the right thing, got outstanding support from the community as we just heard the letters. Did a nice job with the fence and spent a lot of money. And she needs to be safe in her home. There is no question about that. I'm sorry the backdoor neighbor feels that it's ugly, but I'd rather see a vinyl fence any day than a wood fence that will - the maintenance is always an upkeep. People never maintain their fences. They put them City of Livonia, Zoning Board of Appeals Page25of36 September 11, 2012 up and they figure 20 years later, I'll just replace it so, this is not that situation. I will be in full support. Henzi: Mr. Caramagno. Caramagno: Mrs. Geller needs privacy. The fence looks good. As Mr. Duggan said, I don't see where that white fence looks any odder next to the wooden fence than the cyclone did or the white fence will. The opponent said earlier that you're not opposed to a fence so the fact that the fence is there to me makes sense. We don't all wear the same clothes. We can't all like the same colors. That's Mrs. Geller's money. She put the fence up and that's what she likes and I think it needs to stay. So, I am in support. Henzi: Mrs. Mcintyre. Mcintyre: I believe that the Petitioner acted in good faith obtain the signature of the person you thought was the owner or responsible for the home. I agree that there is a disconnect in the visual aesthetics of the wooden fence to the white fence, but looking at that wooden fence and the shape that it's in and then you can also see the way that home is maintained or not maintained. You see some of the facia - in an ideal world, right, we'd have beautiful wooden fences in Livonia and they'd all be maintained and it would look great, but to the point that I think Mr. Duggan made, you know, those fences are not maintained and you obviously need privacy and security. So, I support the fence being allowed to maintain with the completion of the appropriate permits. Henzi: Mr. Sills. Sills: I can also approve it. Upon pulling up in front of the house, I noticed it was a very nicely kept home. The existing fence in the yard looked very nice I thought. I didn't quite understand the neighbors not approving it. The general condition of the said property is in very good shape and I would recommend approving at this writing. You also have tremendous support from your neighbors and living by yourself I think you do need the privacy. And Merriman Road is not that far away from you. So, I can understand everything that you have come up with and you certainly went the extra yard trying to do everything right and I can appreciate that. Henzi: Mrs. McCue. McCue: Pretty much repeating what everybody else has said, I believe you acted totally in good faith. I think you covered your bases. Again, yes, there is a discrepancy but there would have a discrepancy if you had left it alone, you know, unless we made some consistent fencing all the way up and down, which we know that's not going to happen. You're still going to have two different fences there. I would agree that it looks much nicer and the improvement piece of it is good. You have excellent support from all of your other neighbors and again, your safety and it's your house and I think you need to feel comfortable living where you live and I'm always going to be a proponent of that. So, I will support it. Petitioner: Thank you. City of Livonia, Zoning Board of Appeals Page26of36 September 11, 2012 Henzi: Yes, clearly, I think there is good cause for a fence whether it's kids from Franklin who live in the state streets who are trying to take a shortcut to get home, or somebody else, you know, I think it's fair to say I don't want people trespassing through my backyard. For all the other reasons stated by everybody else, I will be in support. I'm not inclined to assess any fines or building this without a permit because you hired a contractor to do for you. If you were the ones who put it up I might feel differently, but when you hire a professional who goes out and pulls the permit and then says I got permission and here's your fence then I think you are entitled to rely on their expertise. So, the floor is open for a motion. Upon Motion by Caramagno, supported by Pastor, it was: RESOLVED, APPEAL CASE NO. 2012-09-45: Dorothy Geller, 8990 Fredrick, Livonia, Ml 48150, seeking to maintain a six foot tall vinyl privacy fence without obtaining approval from the adjacent property owner, which is not allowed. The property is located on the east side of Fredrick (8990) between Arizona and Alabama, be granted for the following findings and reasons of fact: 1. The uniqueness requirement is met because Petitioner has a fence giving her privacy from Merriman Road, traffic, and noise. It also keeps people from jumping her fence. 2. Denial of the variance would have severe consequences for the Petitioner because the safety aspect and people trespassing on her property would continue without this fence. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the neighborhood does have other privacy fences and there is one that even adjoins this fence on the south side and eastern property. All the letters received were in support of this fence with the exception of one speaker tonight. 4. The Board received eight (8) letters of approval and one 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 contractor pick up the permit. 2. That a final inspection be conducted. City of Livonia, Zoning Board of Appeals Page27of36 September 11, 2012 ROLL CALL VOTE: AYES: Caramagno, Pastor, Duggan, McCue, Mcintyre, Sills, Henzi. NAYS: None Representative: Who is in charge of getting the final inspection done, Home Depot? Henzi: So, you just call Home Depot and make sure they follow through with the Inspection Department. Malcangi: Okay. Pick up the permit and have the inspection done. All right. Thank you, ladies and gentlemen. Petitioner: Thank you all. Macangi: Have a nice evening. City of Livonia, Zoning Board of Appeals Page28of36 September 11, 2012 (7:57 #1/2073) APPEAL CASE NO. 2012-09-46: Gabriel and Patricia Lajko, 28772 Minton, Livonia, Ml 48150, seeking to maintain an accessory building within the side yard, which is not allowed. Accessory buildings (i.e. shed) must be located in the rear yard. The property is located on the north side of Minton (28772) between Harrison and the cul-de-sac. Henzi: Mr. DeMeyer, anything to add? DeMeyer: The Department has nothing to add at this time, Mr. Chair. Henzi: Any questions for Dennis? Hearing none, good evening. Petitioner: Good evening. Henzi: Can you tell us your names and address? Petitioner: My name is Gabriel Lajko and my wife is Pat. Mrs. Lajko: Patricia Lajko, 28772 Minton Court. Henzi: Mr. and Mrs. Lajko, go ahead and tell us why the shed exists in the spot where it does. Petitioner: Well, our yard is kind of odd shaped. We lived on a cul-de-sac and we have a lot of landscaping in our backyard and just no room at all for it and put it on the side there, side yard. Henzi: How long has it existed in its current spot? Petitioner: Between 15 and 20 years. I guess maybe 18 years would be a safe guess. Henzi: There's a mature tree behind it and then there is mature shrubs on the side? Petitioner: Yes. Henzi: Have those been there since you built it? Petitioner: Yes, I landscaped and I put shrubs in. I have some pictures here if you care to see them. I also have some letters from my neighbors. I think I got carried away with the pictures. Henzi: In your packet you wrote that you had a fire in your garage. Petitioner: Yes. City of Livonia, Zoning Board of Appeals Page29of36 September 11, 2012 Henzi: And that you store -- Mrs. Lajko: Back in March. Petitioner: In March. Henzi: Anything that would take in the shed? Petitioner: Yes, that's what I wanted to do. The shed was originally built to hold nine to 10 cords of firewood. It's solidly built and we had a garage fire. We have an attached garage on our house. The fire marshal said it would be a smart idea to put gas, lawn equipment, anything to do with flammable materials in the shed. The closest corner of my shed is 11 ft. away from my garage and the closest to the property line of my neighbor is 10 Y, ft. It's an 8 x 10 shed. Henzi: Any other questions for the Petitioner? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Mr. Lajko, when I came by the other night you had told me that you had taken down a couple other sheds? Petitioner: Yes. Pastor: Because of the fire so, you don't plan on rebuilding those sheds? Petitioner: No, I had that already landscaped over there. Pastor: I saw landscaping over there. I just wanted to make it clear. You don't have any power in the shed; right? Petitioner: No. Pastor: Okay. Your neighbor to your, I believe it was east, I don't remember. To your north or no, to your east, has he ever complained? Petitioner: No, I have a letter from him. Mrs. Lajko: No never. Petitioner: Jack Kucharchzy is his name. Mrs. Lajko: We moved in around the same time. Both families have lived there almost 27 years and there's never been a complaint, no. He's in full support of it. In fact, one of his letters is in the packet. City of Livonia, Zoning Board of Appeals Page 30 of36 September11, 2012 Pastor: And if we asked you to move this shed, can you think of any place on your property that you could put this shed other than besides your garage where the other two were? Mrs. Lajko: No, sir, there isn't any place. Petitioner: There isn't anywhere. Mrs. Lajko: Our yard is heavily landscaped. We were supposed to be on the Livonia Garden Walk this year, unfortunately, because of the fire we had to cancel, with much regret. But we're both gardners and we enjoy gardening very much. We've done a lot of gardening in our yard and there isn't any more whatsoever in the backyard for that shed. Pastor: You have all mature trees? Mrs. Lajko: We have all mature trees, mature shrubs. Petitioner: I have a copy of how my yard is laid out. Pastor: We have a copy of that in our packet. Petitioner: Oh, okay. Pastor: Okay. Thank you. Petitioner: Okay. Henzi: Any other questions? Did you obtain all the permits to renovate that garage and is that process complete? Petitioner: No, when I did that shed I had no idea it needed -- Henzi: We have a violation dating back from March and I'm guessing that was soon after the fire. So, an Inspector would have come out and said, look you've got to pull the permits to rebuild the garage because you have damage. Mrs. Lajko: Yes. Henzi: But you also have to get a zoning permit. Mrs. Lajko: Belfor was taking care of all the permits. Petitioner: Belfor was taking care of the permits. Mrs. Lajko: They're our contractor. Henzi: Okay. City of Livonia, Zoning Board of Appeals Page 31 of36 September11, 2012 Mrs. lajko: And it hasn't been completed yet. It's been six months since the fire, but we're not finished yet almost, but we're not finished yet. Henzi: And then how is it that you wound up here tonight? I mean, did somebody from Inspection lead you to file for a variance? Petitioner: Yes, Tom. I don't know Tom's last name. DeMeyer: Probably it was Tom Bock, the building inspector? Mrs. lajko: Yes. DeMeyer: Yes, Tom Bock. Petitioner: He told me that I needed a permit that it wasn't supposed to be there and I told him I had no idea that my contractor - they reshingled the shed. It's a bar style shed and where the shingles come down on that hip, they were kind of sticking out and they used 8 penny nails to hold the shingles down. I complained about that to my contractor and they came out and they lined my shed with OSB. So as far as I knew, everything was okay with the shed. Tom came out and told me that the shed wasn't supposed to be there that my contractor knew about that about the middle of May that the shed wasn't supposed to be there. I was never told anything about that. And the problem that we have with our contractor now is that the contents of our house that were damaged inside structurally everything is fine. And they wanted me to hurry up and sign off a letter of satisfaction to sign off on this and just more or less dumped the shed in my lap. I had no idea until Tom came out August sometime and my contractors knew about this in May and never said a word to me about it. And they worked on the shed like I say, they re-roofed and shingled it and relined it on the inside. So, it was kind of underhanded I feel, you know, towards me, I mean if they told me from the get go it would have been a better deal. Henzi: Any other questions? Seeing there is no one in the audience. Can you read the letters? Caramagno: leslie Jamiseson [28780 Minton Ct] with an approval. John Monte [9348 Hartel] sends an approval (letter was read). Robert McDonald [28746 Westfield] approval (letter was read). Barbara Ashteneau (Ph). [28623 W. Chicago] approval (letter was read). Rose Marie Meric (Ph.) [28732 Minton] approval (letter was read). Deborah Tsigas [ 28717 Minton Court] approval (letter was read). Shauna Straweka [28771 Minton Court] approval (letter was read). Justin Burns [28701 West Chicago] approval (letter was read). Jack Kucharchzy [28746 Minton Court] approval (letter was read). Ed Thurston [28815 West Chicago] approval (letter was read). Henzi: Mr. and Mrs. lajko, anything you would like to say in closing? Mrs. lajko: Well, I would just like to say I'd lived in livonia for over 55 years and graduated Bentley High School. My husband and I are volunteers at the library. We're City of Livonia, Zoning Board of Appeals Page 32 of36 September11, 2012 friends of the library. We like living in Livonia. We have lived in our home 27 years. Our yard is certified to be a natural wildlife habitat. We are kind of proud of that fact. Petitioner: Yeah. Mrs. Lajko: But anyways -- Petitioner: And the garden walk, we were -- Mrs. Lajko: Supposed to be on the garden walk. Petitioner: Yeah. Mrs. Lajko: And we weren't, but they're keeping our phone number for next year so we're pretty happy about that. I really don't have anything to add. How about you, Gabe? Petitioner: Put a lot of time and effort into our house and yard. Mrs. Lajko: Yes, we have. Petitioner: The shed is a quality shed, you know, I'm handy with my hands and that's about it. It's a good shed, you know, like I say it's built to hold 9 to 10 cords of wood. All the lumber is wolmanized wood. Mrs. Lajko: We do have a barrier that goes down 24 inches. Petitioner: I have a sample of the type of barrier we have, if I could? Mrs. Lajko: It goes around 24 inches all the way around the perimeter underneath so nothing can -- Petitioner: I cut them in sections so it was easier to work with and handle. And my seams they overlap four to five inches so no animals for as long as the shed has been there, there has been no animals underneath or inside the shed. Henzi: Okay. Thank you. Petitioner: I pride myself on what I do. Henzi: Thanks. I will close the public portion of the case and begin the Board's comments with Mr. Pastor. Pastor: Yes, I spent a little of time at their house looking at the shed in the backyard. They have overwhelming support of the neighbors, which is very unusual for a case like this. Normally a case like this I would have been totally against it. I would have said, no way, but the way they have it landscaped, the positioning, and the overwhelming support I will definitely be in support. City of Livonia, Zoning Board of Appeals Page 33 of36 September11, 2012 Henzi: Mr. Caramagno. Caramagno: So will I. Henzi: Mrs. Mcintyre. Mcintyre: When I went to their house to look at this shed on the side, I couldn't see the shed until I got out and Mr. Lajko - then I saw where it was. The details, the shingles match exactly. At first when you pull up, it just looks like an extension then you notice. I absolutely have no reservations supporting. Henzi: Mr. Sills. Sills: Well, I have been on this Board for a long time and visiting the Lajko's was one of my most pleasant visits that I have ever had. If I could pick a neighbor, you'd be the neighbor. Mrs. Lajko: Thank you. Sills: I was there five minutes before I knew where the shed was. And when I asked Mr. Lajko where it was, he said right there. You couldn't see it from the street and when I went in back and I saw the big swimming pool I said, who is the swimming pool for? And they said for them. God Bless both of you. I'm in total support. Mrs. Lajko: Thank you very much. Sills: You have a beautiful piece of property and the people in north Livonia have to envy you. Mrs. Lajko: Thank you. We appreciate you saying that it I drove a school bus for Livonia for a long time. I'm retired and I appreciate you saying that Sills: And I would like to add one more thing. Mrs. Lajko: Okay. Sills: If you could address the weather vane that you've got in the backyard. Along with the Canadian goose, if you could those things, I'd really be appreciative. Mrs. Lajko: Will do. Consider it done. Henzi: Mrs. McCue. McCue: There's not a whole lot more to say. You have a beautiful yard. Nobody cares more than obviously the two of you the appearance of your yard. The overwhelming support of your neighbors all the way around I will be totally in support. City of Livonia, Zoning Board of Appeals Page 34 of36 September11, 2012 Mrs. Lajko: Thank you. Henzi: Mr. Duggan. Duggan: Yeah, you guys have a great yard. I am in total support. Mrs. Lajko: Thank you very much. Henzi: Yeah, so will I. It's a great street and you've got a beautiful yard. There's nowhere else where you could put it. Petitioner: No, there isn't. Henzi: For all the other reasons stated by everyone else I will be in support. Mrs. Lajko: Thank you so much. Henzi: Does anyone want to make a motion? Upon Motion by Mcintyre, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2012-09-46: Gabriel and Patricia Lajko, 28772 Minton, Livonia, Ml 48150, seeking to maintain an accessory building within the side yard, which is not allowed. Accessory buildings (i.e. shed) must be located in the rear yard. The property is located on the north side of Minton (28772) between Harrison and the cul-de-sac, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because of the property's unusual dimensions and shape, plus the fact it's the only place the shed can go and it has been there for 18 years and is completely landscaped in a harmonious way with the home. 2. Denial of the variance would have severe consequences for the Petitioner because the shed would have to be moved when it has been weather proofed, insect proofed, landscaped with mature trees. Also, it allows flammable materials to be stored away from the home. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because there is overwhelming support from neighbors who appreciate and admire the beautiful landscaping and gardens surrounding the home. 4. The Board received ten (10) letters of approval and no letters of objection from neighboring property owners. City of Livonia, Zoning Board of Appeals Page 35 of36 September11, 2012 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 there be a final inspection on the repairs that were previously made to the shed. ROLL CALL VOTE: AYES: Mcintyre, Sills, McCue, Duggan, Caramagno, Pastor, Henzi NAYS: None Henzi: The variance is granted with that one condition. Petitioner: Okay. Now, I call my contractor for this to have him call an inspector out or I call the inspector because I don't understand how this is going to work now. Henzi: Dennis? DeMeyer: Who obtained the permit, your contractor? Petitioner: Yes. DeMeyer: Then he would call for the inspection. Petitioner: Okay. So I would call my projector manager then from my contractor and let him know that he would call for the inspection? DeMeyer: That's correct. Petitioner: Okay. Mcintyre: At that time tell him you're disappointed that they didn't advise in many of the issues. Petitioner: There's been a lot of different things going on with that contractor. Thank you. Motion by Pastor, supported by Mcintyre, to approve the minutes of 6/05/12 and 6/26/12 meetings. There being no further business to come before the Board, the meeting adjourned at 8:16p.m. City of Livonia, Zoning Board of Appeals Page36of36 September 11, 2012 SAM CARAMAGNO, Secretary MATTHEW HENZI, President City of Livonia, Zoning Board of Appeals Page36of36 September 11, 2012 SAM CARAMAGNO, Secretary