Loading...
HomeMy WebLinkAboutZBA MEETING 2014-10-07 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A REGULAR MEETING HELD OCTOBER 7, 2014 A Regular Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Gallery of the Livonia City Hall on Tuesday, October 7, 2014. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Jason Rhines Craig Pastor MEMBERS ABSENT: Robert Bowling Robert Sills Benjamin Schepis OTHERS PRESENT: Mike Fisher, Assistant City Attorney Steve Banko, City Inspector Patricia C. Burklow, CER-8225 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. Four (4) members were present this evening. The Chairman asked if anyone wishedto 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 9 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 16 October 7, 2014 Paula Bjertness, west side of Sunset (11301) between APPEAL CASE 2014-10-51: Elmira and Dalhay, seeking to construct an attached garage onto an existing nonconforming dwelling, resulting in deficient south side yard setback and combined side yard setbacks. Nonconformity is based on the existing front yard setback of 21 feet where 25 feet is required, Minimum Side Yard Setback: Combined Side Yard Setback: Required: 5 ft. Required: 14 ft. Proposed: 4 ft. Proposed: 10 ft. Deficient: 1 ft. Deficient: 4 ft. The property is located on the west side of Sunset (11301) between Elmira and Dalhay, Lot No. 138-02-0047-000, R-1B Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 4.06, “Minimum Side Yard Requirements in R- 1 through R-5 Districts.” Henzi: Mr. Banko, anything to add to this case? Banko: I have nothing to add at this time, sir. Henzi: Any questions for Mr. Banko? Hearing none, will the petitioner please come to the table? Good evening. Bjertness: Hello. Dettloff: Good evening. Henzi: Would you tell us your names and addresses? Bjertness: Paula Bjertness, 11301 Sunset, Livonia, Michigan, 48150. Dettloff: Steve Dettloff, 3642 Bluebush, Monroe, Michigan, 48162. I’m the contractor. Henzi: Okay, can you tell us about the garage that you would like to build? Bjertness: We wanted to put on an attached garage, we had a carport before and so we wanted to attach it to the house. Henzi: And Mr. Dettloff, can you talk about the building materials and type of construction and things like that? Dettloff: Yeah, it will be stick build, two by four walls, insulated. We’ve got 26 foot trusses, two by four trusses, five twelve pitch which will match the house--the pitch on the house. The shingles will match the house also with OSB roofing. Vinyl siding to match the house. And there will be an overhead garage door, service door around the back and a window in the front. Henzi: Is it one or two car? Dettloff: One and a half I think it is considered. Henzi: Okay. Any questions for the petitioner? Caramagno: Mr. Chair. City of Livonia, Zoning Board of Appeals Page 2 of 16 October 7, 2014 Henzi: Mr. Caramagno: Is there going to be any brick on the front of the garage? Dettloff: There will not be. Caramagno: What do you do with the brick that is on the side of the house? Dettloff: It will be covered--I mean the inside will. Caramagno: So where it attaches at the house which would be the south side that just-- that brick just stays there and gets covered up? Dettloff: Yes, the brick will be on the inside. We won’t cover it up because there’s no windows or anything there for a fire--you know fire protection so it’s good as far as code goes. So it will just be three walls, the east, west side and then the south side wall. So the brick will be still existing when you go inside the garage. Caramagno: Okay, thank you. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: How long is the--how long has the carport been down? Dettloff: A month and a half. Caramagno: I see a lot of materials there, is that old materials from the carport or is that new stuff preparing to-- Dettloff: New stuff, yeah, everything has been removed. I removed the last of it today. Caramagno: Okay. Dettloff: So all the debris is gone. Caramagno: Okay, thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: On the application for the variance someone wrote that you want to use the existing footings over again. It appears to me that you are building this a little bit larger than the carport was. Dettloff: It’s exactly the same dimensions as the carport. Pastor: It is? Dettloff: Yeah, there was a storage shed on the back of the carport which made a back wall and that’s where the back wall of the garage is going to be. Pastor: Okay, and the footings are good? Dettloff: The footings are gone--everything is gone. So I don’t know-- Pastor: Okay. City of Livonia, Zoning Board of Appeals Page 3 of 16 October 7, 2014 Dettloff: --I didn’t catch that, but no they are getting--new footings are getting dug. Pastor: What kind of power are you putting in this garage? Anything unusual? Dettloff: Pardon? Pastor: What kind of power are you putting in this garage? Dettloff: No, just-- Pastor: Anything unusual? Dettloff: --two lights on each side of the overhead garage door, two lights inside and a garage door opener. Pastor: So two circuits basically? Dettloff: Exactly. Pastor: Okay, thank you. Dettloff: Yes, sir. Henzi: To the petitioner, how long have you lived there? Bjertness: Eighteen years. Henzi: And this house has never had a garage to your knowledge is that right? Bjertness: Right--no. Henzi: The house to you next door, I think it’s the one to the north has an attached garage it looks like a one--one and a half car-- Bjertness: Oh, yes. Henzi: Was that built during the last eighteen years while you have lived there? Bjertness: No, that’s been there. Henzi: Okay. Any other questions? Okay, hearing none, is there anyone in the audience who wants to speak for or against the project? If so, come on up. Seeing no one who wants to speak, can you read the letters? Caramagno: Letters of approval from Kelly Schniers, 11316 Sunset (letter read), Elizabeth Witkowski at 11305 Milburn (letter read), Anna Horn, 11087 Sunset (letter read), Julie Leon, 11084 Sunset (letter read), Diane Spei, 11311 Sunset (letter read), Mark Klenczar, 11045 Sunset (letter read). Henzi: Ms. Bjertness, is there anything you want to say in closing? Bjertness: No. Henzi: Okay, thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Rhines. Rhines: Well, there is unanimous support from the neighbors which is something that I always try to pay close attention to. And it definitely appears to me that it will enhance the neighborhood having a garage instead of a carport. It would increase safety and City of Livonia, Zoning Board of Appeals Page 4 of 16 October 7, 2014 convenience for you getting in and out of your house and car. I will be in support of this motion. Henzi: Mr. Pastor. Pastor: Yeah, I think I can be in support of this. I’ve seen other houses in the neighborhood that have similar garages. You have great support from your neighbors so I think I can support this. Henzi: Mr. Caramagno. Caramagno: I am going to be in support. There are few house anywhere that don’t have garages anymore and real few in this neighborhood. As I drove through--you know I don’t have a measuring tape but I am looking around and some of those houses--garages are right on the property line too. I don’t think this is a deal breaker for me so you get my full support. Bjertness: Thank you. Henzi: I agree with the other Board members. Every house I think should have a garage. And I really would like if there was brick but I am not going to ask to impose that condition because as I drove all throughout that neighborhood I saw garages of all different styles, sizes, building materials, and I think it would be unfair to make the petitioner have brick if 99 percent of the others don’t. So I think what is proposed will look very nice. Bjertness: Thank you. Henzi: So the floor is open for a motion. Rhines: Mr. Chair. Henzi: Mr. Rhines. Upon Motion by Rhines is supported by Pastor, it was: Paula Bjertness, west side of Sunset RESOLVED: APPEAL CASE 2014-10-51: (11301) between Elmira and Dalhay, seeking to construct an attached garage onto an existing nonconforming dwelling, resulting in deficient south side yard setback and combined side yard setbacks. Nonconformity is based on the existing front yard setback of 21 feet where 25 feet is required. Minimum Side Yard Setback: Combined Side Yard Setback: Required: 5 ft. Required: 14 ft. Proposed: 4 ft. Proposed: 10 ft. Deficient: 1 ft. Deficient: 4 ft. The property is located on the west side of Sunset (11301) between Elmira and Dalhay, Lot No. 138-02-0047-000, R-1B Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 4.06, “Minimum Side Yard Requirements in R- be granted for the following reasons and findings of fact: 1 through R-5 Districts,“ City of Livonia, Zoning Board of Appeals Page 5 of 16 October 7, 2014 1. The uniqueness requirement is met because the new garage will be the same size and location as the pre-existing carport. 2. Denial of the variance would have severe consequences for the Petitioner because she would be unable to have a garage large enough to park a car and store possessions. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because neighboring homes have similar garages and setback deficiencies, and the petition has support from neighbors. 4. The Board received six (6) letters of approval and no letters of objection from neighboring property owners. 5. The property is classified as “low density residential” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the project be completed within six (6) months. 2. That the garage be constructed as presented both verbally and in writing. 3. That the garage match the house as closely as possible. 4. That the garage have standard 120V electrical service, without a separate panel. ROLL CALL VOTE: AYES: Rhines, Pastor, Caramagno, Henzi NAYS: None ABSENT: Sills, Schepis, Bowling Henzi: The variance is granted with those three conditions. You’ve got to do this within six months, you’ve got to build it as presented and to match as close as possible to what exists and you can have the standard electrical service. Bjertness: Thank you. Henzi: Good luck. Dettloff: Thank you, Board. City of Livonia, Zoning Board of Appeals Page 6 of 16 October 7, 2014 John and Valerie Fabirkiewicz, APPEAL CASE 2014-10-52: 15465 Bayhill Drive, Northville, MI 48168,seeking to construct a single family dwelling upon property located east side of Santa Anita (15132), between Jamison and Five Mile, on theresulting in deficient lot area. Lot Area: Required: 0.50 acres (21,780 sq. ft.) Proposes/Existing: 0.40 acres (17,721 sq. ft.) Deficient: 0.10 acres ( 4,059 sq. ft.) The property is located on the east side of Santa Anita (15132) between Jamison and Five Mile, Lot No. 093-02-0119-001, RUF Zoning District. Rejected by the Inspection Department under Zoning Ordinance No. 543, Section 5.04, “Minimum Lot Size.” Henzi: Mr. Banko, anything to add to this case. Banko: I have nothing to add, sir. Henzi: Any questions for Mr. Banko? Steve, are we here only because the prior variance expired or for a different reason if you know? Banko: On this? Henzi: Yeah. Banko: I can’t answer that question. I don’t know about another variance expiring. Fisher: I think that is the case, Mr. Chair. Caramagno: You said that is the case? Fisher: Yes. Henzi: Yeah, Steve, I didn’t know if--there was one and it looks almost identical from 2007 but it is a different petitioner so I didn’t know if they had to come back because it is a new petitioner or because it expired or both. Banko: Yeah, that was--that was needless to say before my time. Well, let’s not put it that way. Henzi: Okay. Good evening, can you introduce yourselves please? Fabirkiewicz: John Fabirkiewicz, the owner. Summers: Steve Summers, the builder. Duggan: Brian Duggan, realtor--excuse me, realtor. Henzi: Okay, go ahead and tell us about the petition. Fabirkiewicz: Certainly, well we purchased the property with the intent to build a home on it knowing that there was an existing home on it. Then once we purchased the property we realized it still needed--the variance had expired and we are now at this point. It still meets all the setback requirements for the front, rear and side and it seems to fit with the City of Livonia, Zoning Board of Appeals Page 7 of 16 October 7, 2014 neighborhood. But we are looking for the variance to build the home back on the lot again. Henzi: So--to you or Mr. Duggan, is this an identical request as what was made in ’07? Duggan: I would say similar-- Henzi: Except-- Duggan: Same request but different-- Henzi: --now there is no house. Duggan: --different house though. Fabirkiewicz: It’s a different house. Duggan: And I brought that--I was asked to bring--if you didn’t get one of these I brought the blue prints it’s going to be just short of a 1500 square foot ranch. I think the other one was a 2200 square foot home that was going up. Fabirkiewicz: About eight feet--nine feet wider I believe. Henzi: Okay. All right, so Mr. Fabirkiewicz did you buy the house from the prior petitioners? Fabirkiewicz: Yes. Henzi: And did you demolish what was-- Fabirkiewicz: No, that was done previous to me purchasing it. The footings were in and then the builder went bankrupt-- Duggan: You bought the lot. Fabirkiewicz: We bought the lot, yeah--yeah. So that was all taken care of prior to me buying the lot. Henzi: And is this an investment for you or is this where you are going to live? Fabirkiewicz: This would be an investment. Henzi: All right. And then the model that we have is a 1500 square foot ranch, two car garage, there’s a photo in our packet is that the model your builder is going to construct? Fabirkiewicz: Yes. Duggan: I have new ones, I think, similar to it very--very close. Henzi: Is this the same home, mirror image layout or is it a different home? Fabirkiewicz: Then the original? A little different. Did you see the original one had the walk-in master bedroom closet sticking out, and we wanted the bedroom window facing the backyard versus the side yard? So just a tad different but pretty much the same square footage. Henzi: Okay. Any questions for the petitioner? Pastor: Mr. Chair. City of Livonia, Zoning Board of Appeals Page 8 of 16 October 7, 2014 Henzi: Mr. Pastor. Pastor: What kind of materials are you putting on this house? Summers: We will be putting brick, vinyl siding, standard three dimensional roofing, standard build-out pretty much. Pastor: How much brick, how much siding? Summers: It will be a belt line of brick. Pastor: Wainscot? Summers: Yes. Pastor: How high? Summers: How high? Pastor: Approximately? Summers: Three feet. Pastor: Okay. Thank you. Henzi: Any other questions? For how long have you owned the lot, Mr. Fabirkiewicz? Fabirkiewicz: Just over a year. Henzi: Do you mind if I ask what you would market this house for pricewise? Fabirkiewicz: I am going to defer to my realtor. Duggan: We hope--we hope 209--two--somewhere over two. We have to price it with the neighborhood but we’re--the size of the house and then we hope to get a little over $200,000.00 for it. Henzi: Okay. Any other questions? Rhines: Mr. Chair. Henzi: Mr. Rhines. Rhines: So you--your realtor is here so your intention is to build the house and then sell it? Fabirkiewicz: Mm-hmm, correct. Rhines: I was thinking one of the neighbors was concerned about having another rental house in the neighborhood. It seems to me like this was a little bit large of a house to intend to rent in that neighborhood. Fabirkiewicz: The cost of construction would inhibit getting a rent that would be conducive for the area there. You would have to ask too much for rent and you wouldn’t be able to get it unfortunately. Rhines: That was one of the things I was confused about. Duggan: No, there is no intent to rent it. City of Livonia, Zoning Board of Appeals Page 9 of 16 October 7, 2014 Fabirkiewicz: Not at all--not at all. Henzi: Mr. Caramagno? Caramagno: Nothing--nothing, I supported this last time so-- Henzi: Mr. Duggan, just out of curiosity what school district is that? Is it Livonia or Clarenceville? Duggan: Well no it’s Livonia. I think it is Franklin. Henzi: Okay. Any other questions? Hearing none, is there anyone in the audience who wants to speak for or against the project? If so, come up to the table. Good evening. Amber Gingiloski: Amber Gingiloski, G-i-n-g-i-l-o-s-k-I, 15131 Santa Anita. My husband- - Kelly Rich: Kelly Rich, 15131 Santa Anita. Henzi: Okay, go ahead. Gingiloski: We just bought this--our house across the street in March. Sorry I am nervous, I have never done anything like this--part of the appeal of the house we purchased in the neighborhood is the size of the yards and the spaciousness. It was unusual compared to like a lot of city suburban properties. We are on like three quarters of an acre and we are opposed. I just--I mean it was one--it was what--twenty percent of a variance-- Rich: Of a deficiency-- Gingiloski: --of a deficiency. It was supposed to be point-- Rich: Five zero and it is point four zero. It is quite a bit of a deficiency; that is not a foot here or four feet there. Gingiloski: Our particular area of the street, most of the houses are not very big it’s just- -I just think it will help. And then the $209,000.00 selling price yeah it’s great if it would bring up the neighborhood values of my house but at the same time I’m not seeing where it would get that right now anyway. I think we paid fifty-three and it was a foreclosure but most of the houses--if you go further down maybe but not in our part of Santa Anita I didn’t think. Henzi: When did you buy? Gingiloski: Hmm? When? Henzi: When did you buy that house? Rich: March. Gingiloski: March of this year. Henzi: Is--you’re the house that is set back a little way? Rich: Yes. Gingiloski: Yes, the one that is way back. City of Livonia, Zoning Board of Appeals Page 10 of 16 October 7, 2014 Rich: Directly across the street. Gingiloski: Directly across the street. Henzi: I’ve got to say I’m a little surprised. I happen to remember this case the first time and there was discussion about--because you may have never seen what the old house looked like. Gingiloski: Correct. Henzi: I mean there were comments made by Board members about I bet those folks across the street are going to love this. I’m not kidding. Gingiloski: I believe you--I don’t-- Henzi: It looked terrible. Gingiloski: I agree. Henzi: The other thing that I will tell you is--you might not know this but that is zoned RUF and on your side of the street the lots are much--much wider than they are on the petitioner’s side of the street. And if the--if you look at the site map, your side looks RUF and his side looks R-1 or R-3. And if his side was R-1 or R-3 this was the rationale in 2007 and it might be the same rationale tonight if his side looks like R-1 and if was zoned that way he wouldn’t need a variance. Gingiloski: I understand. Henzi: That’s why it is a twenty percent difference. Because those smaller lots have to live by the same rules that yours do on the other side of the street. Gingiloski: I understand. Henzi: Okay, I’m not-- Gingiloski: I understand--no I appreciate-- Henzi: --I’m not trying to engage, I’m trying to explain it. Gingiloski: I know you are not. I agree, no I appreciate the explanation but yeah we are just opposed, sorry. Henzi: Okay. Anything else you want to say? Gingiloski: Thank you. Henzi: Thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Before you leave. Henzi: Wait don’t go anywhere yet. Gingiloski: Yes, sorry. City of Livonia, Zoning Board of Appeals Page 11 of 16 October 7, 2014 Pastor: So on that side of the street the majority of the lots are the same size as this lot, did you know that? Rich: If they are they are positioned differently possibly. That--it just looks like it’s a narrower lot. I mean the next door neighbor had the white picket fence up against it-- Gingiloski: So we don’t get to see--you know--the size. Rich: --and it ends where the new people just moved in. It doesn’t look like a full size lot, I mean even if you go down the street it doesn’t look like the rest of the size lots. Pastor: Okay, thank you. Rhines: Mr. Chair. Henzi: Mr. Rhines. Rhines: I will just throw this out there around too, it’s just a thought that crossed my mind. I kind of agree with you guys to a certain extent, you know it almost seems--like you said the 209--you know--I’m sure it is going to be a very nice house when it is built but a lot of houses have sold for a lot less in that neighborhood. So it seems a little confusing but I would think as a neighbor it would be better to have a nice family living across from you then having a vacant lot. I just kind of-- Rich: If the house is agreeable with the neighborhood, but they built one of the super sized mini temples or whatever you want to call them down the street and it--you’ve got all these normal size houses and then this thing. Gingiloski: Well this is going to be a ranch, which is different. Rich: It’s the same thing, it is right down the street on Santa Anita if you follow it down a little bit you will see small house--small house--small house--McMansion (sic) and it just doesn’t look good. Rhines: Is that one occupied? Rich: I’m not sure, we--like I say we just met the neighbors and talking with the neighbors and he said that that one was put in recently and the neighbors down there had a problem with it as well. Rhines: Yeah, I mean I agree with you guys it is a little confusing, but at the same time they had a variance a few years ago so that is why I am struggling with it myself. But that’s all I have for questions with you. Gingiloski: Okay. Rhines: Thank you. Henzi: Thank you very much. Rich: Thank you. Gingiloski: Thank you. Henzi: Were there letters? City of Livonia, Zoning Board of Appeals Page 12 of 16 October 7, 2014 Caramagno: Yes, Ietters of approval from Ileana Visea, 15145 Taylor Boulevard (letter read), James Keller, 17382 Vacri Lane, (letter read), letters of objection from David Loder, 15213 Taylor Boulevard (letter read), Jan and Dean Coppa, 15226 Santa Anita, (letter read). Henzi: Gentleman, anything you want to say in closing? Duggan: If I may. I handed you the layout, I also--the last sheet shows you the plot plan. The seven--only seven houses conform on that street and they are all across the street as you mentioned. The rest of the block are RUF zoned but on 45 foot--55 foot lots they are all non-conforming. And then as the guy who said on Taylor Street, we never got denied we knew we needed to go right to the ZBA so we didn’t get denied from the building department, we came right here so. Henzi: The pink houses represent conforming lots, is that what you are saying? Duggan: I’m sorry? Fabirkiewicz: Yeah, those are the ones that are conforming-- Henzi: With the pink marks? Duggan: The pink ones are the only ones conforming on that whole street. Henzi: Okay, sorry to interrupt go ahead. Duggan: And it is a ranch and it will only be a --it’s not going to be a tall building, it’s just going to be-- Fabirkiewicz: Fourteen hundred square feet-- Duggan: --1400 square feet low--low-- Henzi: Anything else? Okay, I’ll close the public portion of the case and begin the Board’s comments with Mr. Pastor. Pastor: Well, I wasn’t here for the first time--the first case around, I must have been absent. I don’t think I have too much of a problem with this. If you look at the plot plans all the lots across the street are the same size, but if anybody has any apprehension of this I would also table it for another meeting so we would have a full Board. But I don’t think I have a problem with this. Henzi: Mr. Caramagno. Caramagno: I’m going to be in support. This is an empty lot--vacant lot. I supported it last time with a bigger home. I don’t see any reason to leave this lot empty, there is a lot of--I think it is going to fit in well with the neighborhood when it is all said and done. I am in support. Henzi: Mr. Rhines. Rhines: I’m still--I’m still struggling, I’m kind of torn I can see both sides. There were four neighbor’s comments, two for and two against. I always take the neighbor’s comments strongly into consideration. I also could be in favor of tabling it for a full Board so we didn’t--there wasn’t so much pressure to be an unanimous vote or--you know--one vote City of Livonia, Zoning Board of Appeals Page 13 of 16 October 7, 2014 here can--can send you guys away without a variance which seems like a little extra pressure on it. So I could definitely be in favor of tabling it for a full Board and I’m deferring my final decision until I hear the comments of Chairman Henzi. Henzi: Well, first of all if it is three to one you’ve got to table it, that’s doing a favor to the petitioner so he doesn’t have to pay to come back. But I would approve it. I feel the same as I did in ’07. The house in ’07 looked terrible, it looks a lot nicer with an empty lot. But really my thought process back then is the same which is throughout that house (sic) there’s homes that were probably built in the ‘30’s and there are homes that are built I don’t know--‘60’s. And there are a couple of homes that were built within the last ten years. There’s no standardization like if you go farther south, that’s subdivision to me when you get into Santa Anita and on Taylor, that’s a sub. They all look the same. Here it is very different so to have a ranch that is not exactly like the one next to it doesn’t really bother me. In fact I think it looks more out of place having it vacant then it would with a house. So I would support it as presented. And let me add one thing for the record, I don’t really think this is a buildable lot without a variance because on that side of the street nobody else conforms. So if we tell this petitioner he can’t have it what else can be built there. I mean the only other thing you could have would be a manufactured home that looks like a long rectangle. And that would look worse--much worse. So, the floor is open for a motion. Caramagno: Okay. Henzi: Mr. Caramagno. Upon Motion by Caramagno is supported by Rhines, it was: John and Valerie Fabirkiewicz, RESOLVED: APPEAL CASE 2014-10-52: 15465 Bayhill Drive, Northville, MI 48168,seeking to construct a single family dwelling upon east side of Santa Anita (15132), between Jamison and Five property located on the Mile, resulting in deficient lot area. Lot Area: Required: 0.50 acres (21,780 sq. ft.) Proposes/Existing: 0.40 acres (17,721 sq. ft.) Deficient: 0.10 acres ( 4,059 sq. ft.) The property is located on the east side of Santa Anita (15132) between Jamison and Five Mile, Lot No. 093-02-0119-001, RUF Zoning District. Rejected by the Inspection be Department under Zoning Ordinance No. 543, Section 5.04, “Minimum Lot Size,” granted in part and denied in part for the following reasons and findings of fact: 1. The uniqueness requirement is met because the lot is zoned RUF but is more similar to a R-1 and the dilapidated home previously built on this lot was demolished, leaving this property vacant. City of Livonia, Zoning Board of Appeals Page 14 of 16 October 7, 2014 2. Denial of the variance would have severe consequences for the Petitioner because they could not build a house on the lot and the lot would be unbuildable. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because neighboring homes are built on similar sized lots on that side of the street. 4. The Board received two (2) letters of approval and two (2) letters of objection from neighboring property owners. 5. The property is classified as “low density residential” in the Master Plan and the proposed variance is not inconsistent with that classification. FURTHER, This variance is granted with the following conditions: 1. That the project be completed within one (1) year and enclosed within ninety (90) days of commencement of building. 2. That the home be constructed as presented to the Board, with brick on the front as pictured. 3. That the driveway of the home be concrete. ROLL CALL VOTE: AYES: Caramagno, Rhines, Pastor, Henzi NAYS: None ABSENT: Sills, Schepis, Bowling Henzi: The variance is granted with four conditions. You’ve got to build it as presented. It is good for one year and you’ve got to enclose within ninety days. And you’ve got to have a concrete driveway which I think you proposed anyway. Duggan: Ninety days from the day we break ground? Correct? Footings? Fisher: Yes. Henzi: Good luck. Duggan: Thank you. Fabirkiewicz: Thank you very much. City of Livonia, Zoning Board of Appeals Page 15 of 16 October 7, 2014 Pastor: I think we have some minutes. Henzi: Two of them. Duggan: Mr. Chair, in the audience you have I think a high school student doing a little bit of extra credit. You might want to acknowledge her. We always like the kids, thank you very much. thth Pastor: Mr. Chair we have minutes to approve, September 9 and August 26. Henzi: Is there support? Caramagno: Support. Henzi: All in favor say aye. Board Members: Aye. Pastor: Mr. Chair, I make a motion to adjourn. Rhines: Support. Henzi: All in favor say aye. Board Members: Aye. There being no further business to come before the Board, the meeting was adjourned at 7:35 p.m. _______________________________ Matthew Henzi, Chairman ______________________________ Sam Caramagno, Secretary /pcb City of Livonia, Zoning Board of Appeals Page 16 of 16 October 7, 2014