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HomeMy WebLinkAbout09-27-11City of Livonia, Zoning Board of Appeals Page 1 of 6 September 27, 2011 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A SPECIAL MEETING HELD SEPTEMBER 27, 2011 A Special Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Gallery of the Livonia City Hall on Tuesday, September 27, 2011. MEMBERS PRESENT: Matt Henzi, Chairman Toni Aloe Sam Caramagno Ed Duggan Betsy McCue Craig Pastor Robert Sills MEMBERS ABSENT: None OTHERS PRESENT: Michael Fisher, Assistant City Attorney Steve Banko, City Inspector The meeting was called to order at 7:07 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 seven member Board. Seven 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 three persons present in the audience. ______________________________________________________________________ (7:05) APPEAL CASE NO. 2011-04-16 (Rescheduled from April 19, 2011): Robin Duggan, south side of Rayburn (31365) between Merriman and Sunset, seeking to erect a 6-ft. tall privacy fence upon a corner lot resulting in the fence being excess in City of Livonia, Zoning Board of Appeals Page 2 of 6 September 27, 2011 height and the fence not aligning with any corresponding fence on adjacent property along the corner side yard. The property is located on the south side of Rayburn (31365) between Merriman and Sunset. Henzi: Mr. Banko, do you have anything to add to this case? Banko: Not at this time. Henzi: Any questions for the Inspection Department? Hearing none, will the Petitioner please come to the table? Good evening. Petitioner: Hello. Henzi: Can you tell us your name and address? Sills: Is there any update from Sgt. Gibbs? Henzi: No updates. Fisher: Confirmed that there were not any new updates. Petitioner: My name is Robin Duggan at 31365 Rayburn, Livonia, MI. HenzI: There has been no approval from the Police Department for your case. What’s happened since you were here last? Petitioner: We put the fence up as shown on the permit. We’d like to leave the fence as it is currently constructed, but that’s your decision. Brian Duggan: I’m Brian Duggan, 14315 Denning. I spoke to Sgt. Gibbs and he looks at these cases and reads them by the letter of the law. Petitioner: She indicated that the neighbor has a fence similar to what she has. Brian Duggan: In talking with Sgt. Gibbs, he just makes a recommendation and allows the Board to make a decision. Aloe: Why would he say that when we rely on them for safety recommendations? Fisher: Sgt. Gibbs is strict regarding enforcement of Ordinance and Public Safety. He is less flexible than his predecessors. Brian Duggan: He told us that even before he came out. There is a 10 ft. setback as the fence currently sits now from the edge of the driveway. Also, the neighbor doesn’t back out onto Merriman. City of Livonia, Zoning Board of Appeals Page 3 of 6 September 27, 2011 Banko: The neighbor’s fence is identical. It may predate the ordinance. Sills: I am confused by this statement. I feel that the Board needs to make a decision on this case. Henzi: Why was the fence installed without approval? Petitioner: We did have approval. I have a permit for the installation. The corner was a mistake. The relatives who put up the fence followed the permit from the City. The person behind me has the same situation. Henzi: You put the Board in a bad position by installing it. Brian Duggan: We can change it to a 45 degree corner. Pastor: I would support that with the 45 degree corner. Petitioner: I need the fence to be complete to contain my dogs and the neighbor behind has the same situation. Henzi: Why did you bring the case back to the ZBA? Brian Duggan: I initiated the recall to bring this back before the Board. Banko: There is not a variance for the south neighbor. It must have predated the Ordinance. Henzi: Any other questions? Hearing none, is there anyone in the audience who would like to speak for or against the project? If so, come on up. Martin: Greetings. Christopher Martin, 12275 Inkster. I am in favor of the proposal. I have been in front of this Board on several of my properties for the same situation. This request is common in the City. I have 75 pictures of similar fence situations. There have been Police reviews in the past and discrimination and they need to treat people fairly. I am hoping for an approval on this case. Most privacy fences are 6 ft. tall and nothing unusual. A “privacy fence” is something you can’t see over. And you have to pay $150 and show up here. Also, Steve needs to go out to Sam’s property and enforce the ordinance. Sam needs to fix his fence. It has been that way for five years. Steve, would you look into this? Henzi: Can you read the letters? Caramagno: No letters. Henzi: Do you have a closing statement? Petitioner: The fence isn’t 6 ft.; it is only 5 ft. 6 in. City of Livonia, Zoning Board of Appeals Page 4 of 6 September 27, 2011 Henzi: Thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Sills. Sills: I was all for it then and am in full support now. Corner lots on main streets are terrible. Aloe: I understand Merriman Road and the hardship, but I would have liked to have the Police give us some guidelines. Pastor: Without a 45° angle and at least 10 feet, I will not support this. Duggan: With the police being indifferent, I am in support due to the road noise. McCue: I am in support for the reasons of the dogs and noise. I would like the Police Department to support as well. Henzi: I am shocked that Sgt. Gibbs won’t compromise. I will support only because your neighbor has the same situation. Caramagno: I will support. Fisher: It looks like there is support. Just adopt the findings from April 19, 2011 and then drop all the conditions that were attached to the resolution. Sills: Should there by any further action from the Police Department? Fisher: The Board’s decision is the final. Upon Motion by Sills, supported by Aloe, it was: RESOLVED, APPEAL CASE NO. 2011-08-42: Robin Duggan, south side of Rayburn (31365) between Merriman and Sunset, seeking to erect a 6-ft. tall privacy fence upon a corner lot resulting in the fence being excess in height and the fence not aligning with any corresponding fence on adjacent property along the corner side yard. The property is located on the south side of Rayburn (31365) between Merriman and Sunset, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the home is situated on a very busy street causing excessive noise. 2. Denial of the variance would have severe consequences for the Petitioner because Petitioner has lost all privacy of her yard due to heavy traffic and pedestrian traffic. 3. The variance is fair in light of its effect on the neighboring properties and in the spirit of the Zoning Ordinance because it will allow Petitioner use of her backyard. City of Livonia, Zoning Board of Appeals Page 5 of 6 September 27, 2011 4. The Board received no letters of approval/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. ROLL CALL VOTE: AYES: Aloe, Caramagno, Duggan, McCue, Sills, Henzi NAYS: Pastor Henzi: The variance is granted City of Livonia, Zoning Board of Appeals Page 6 of 6 September 27, 2011 ______________________________________________________________________ Motion by Pastor, supported by Aloe, to approve the minutes of 8/9/11 and 8/23/11. All were in favor; Sills and Caramagno abstained from the 8/9/11 minutes. ______________________________________________________________________ There being no further business to come before the Board, the meeting was adjourned at 7:34 p.m. _________________________ SAM CARAMAGNO, Secretary __________________________ MATTHEW HENZI, Chairman /hdm