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HomeMy WebLinkAbout2012-10-23 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A SPECIAL MEETING HELD OCTOBER 23, 2012 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, October 23, 2012. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Edward E. Duggan, Jr. Elizabeth H. McCue Kathleen Mcintyre Robert E. Sills MEMBERS ABSENT: Craig Pastor OTHERS PRESENT: Michael Fisher, Assistant City Attorney John Podina, City Inspector Bonnie Murphy, Court Reporter The meeting was called to order at 7:00 p.m. Chairman Henzi then explained the Rules of Procedure to those interested parties. Each petitioner must give their name and address and declare hardship for appeal. Appeals of the Zoning Board's decisions are made to the Wayne County Circuit Court. The Chairman advised the audience that appeals can be filed within 21 days of the date tonight's minutes are approved. The decision of the Zoning Board shall become final within five (5) calendar days following the hearing and the applicant shall be mailed a copy of the decision. There are four decisions the Board can make: to deny, to grant, to grant as modified by the Board, or to table for further information. Each petitioner may ask to be heard by a full seven (7) member Board. Six (6) members were present this evening. The 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 five persons present in the audience. (7:00) City of Uvonia, Zoning Board of Appeals Page 1 of 19 October 23, 2012 APPEAL CASE NO. 2012-10-50: Meri-Five, LLC, 27600 Northwestern Hwy., Suite 200, Southfield, Ml48034, on behalf of Lessee Tim Donut U.S. Limited, Inc., 565 E. Grand River Avenue, Brighton, Ml 48116, seeking to construct a new building for commercial restaurant use on property located on the north side of Five Mile (31190) between Merriman and Bainbridge, resulting in deficient front yard setback. Rescheduled at the Petitioner's request for Full Board on November 27, 2012. City of Livonia, Zoning Board of Appeals Page 2 of 19 October 23, .2012 (7:05) APPEAL CASE NO. 2012-10-51: An appeal has been made to the Zoning Board of Appeals by John lmmonen, 20247 Milburn, Livonia, Ml, seeking to construct a detached Garage addition to an existing nonconforming detached garage, resulting in excess garage area. Noncomformity is based on the existing detached garage being within the side yard, which is not allowed. Detached garages must be in the rear yard. Garage Area Allowed: 720 sq. ft. Proposed: 899 sq. ft. Existing: 533 sq. ft. Excess: 179 sq. ft. The property is located on the west side of Milburn (20247), between Fargo and Eight Mile. Henzi: Mr. Podina, do you have anything to add? Podina: Not at this time. Henzi: Does anyone have any questions for the Inspection Department? Hearing none, good evening. There is a microphone there. If you could go ahead and introduce yourselves. Petitioner: Sure. My name is John lmmonen, I live at 20247 Milburn, Livonia, Michigan. Henzi: Sir, why don't you tell us a little bit about your request. Petitioner: Yes. I'm looking to add a couple square feet to the back half of my garage to add for a storage area for a classic car that's been handed down through my family and also to free up my existing square footage of my garage that I currently have so I can park my vehicles that I currently have in my garage. The dwelling that we reside in does not have a basement, therefore the garage is generally the recipient of all that storage pieces in the household. Henzi: When was the house built? Petitioner: 1954. Henzi: Was there a fairly recent renovation? Petitioner: I put an addition on in '96 or '98, I think it was between '96 and '98 I put an addition of a family room off of the back side of the house. Henzi: Could you tell us a little bit about the building materials, you know, will the roof shingles match, etcetera? City of Livonia, Zoning Board of Appeals Page 3 of 19 October 23, 2012 Petitioner: Yes. My proposed addition would be matching exact, if not re-siding the entire garage if it doesn't match for color match. But it would match the existing dwelling. The roofing materials would again match the existing dwelling. You know, if they're too dark, I would replace the entire roof of the proposed addition and try to make it look as much as the existing dwelling as possible. There is a long wall that would face to the south, I would propose that I would probably add some type of architectural feature to that on the siding anyways to break up that long wall so it would be a little more appealing to my neighbors I guess as well or to a passerby. Henzi: Are you going to have a door in the back? Petitioner: Yes. I'm proposing to put a door off the back for lawn equipment or you know that would be my main access, I guess. Henzi: Then are you going to have concrete all the way around the back? Petitioner: No, I'm not planning on that. It would be a grass approach or I could, if there's a requirement for an approach, I could talk to engineering about that, what that requirement would be as well. Henzi: It's not going to be a full - it's only the one 8-foot door? Petitioner: Yes. Just a single 8-foot door as per the print, I supplied a set of prints, it will be a single 8-foot door. Henzi: That's all the questions I have. Any questions? Petitioner: In addition, I have spoke with my neighbors so I don't have any objections from my neighbors at this point, at least the ones I could reach out to as far as it was expressed as 300 feet away. So I did reach out to my neighbors to make sure there was no objections immediately. I did not receive any. Henzi: Well, I know what I was going to ask. Petitioner: Sure. Henzi: The house was built in '54 and you built an addition in the late '90s; when did you start living in the house? When did you move in? Petitioner: '93. Henzi: Was the garage in its current location? Petitioner: Yes. It's always been in that current location. The garage was actually built at the time of the manufacture of the home. Henzi: Okay. City of Livonia, Zoning Board of Appeals Page 4 of 19 October 23, 2012 Petitioner: So it probably predates the existing setback. You know it is set back to the existing dwelling, it's probably set back three-quarters from the face of the existing house so it does have some type of setback. So it's probably missing the full setback in the rearward edge of the house by about 6-feet of the existing dwelling. So of course you know once I added an addition to that it's a little bit extra 20-foot I guess, but it would be parallel to that, that existing dwelling. Henzi: Any questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: It looks like there was a shed on the property -- Petitioner: Yes. Caramagno: -- but it's crossed out? Petitioner: Yes, that is correct. Caramagno: How long ago has that been removed? Petitioner: It's been out of that location probably since the '96 timeframe when I did the addition but my architect for some reason picked it up off the survey and he put it on and unfortunately I did not catch that. Caramagno: So that is gone, I guess I didn't see that, that is gone and you're just going to have one structure for your garage? Petitioner: Yes, that is true. Caramagno: Okay, thanks. Henzi: Anything else? Is there anybody that wants to speak for or against the project? If so, come on up to the table. Hearing none, can you read the letters? Caramagno: We have an approval from John Bennett at 20360 Milburn, (letter read). Henzi: Sir, is there anything you would like to say in closing? Petitioner: There's nothing I can add, I guess, in addition. Henzi: We will close the public portion of the case and begin the Board's comments with Mr. Sills. Sills: Well, how many people reside in this home? City of Livonia, Zoning Board of Appeals Page 5 of 19 October 23, 2012 Petitioner: Four. Sills: Four? Petitioner: I mean, my wife and I and two children. Sills: How many cars do you have? Petitioner: Right now we currently have four vehicles but my oldest will be going away to college next year. Sills: They're all licensed vehicles? Petitioner: Yes, yes, they're all licensed vehicles. Sills: Well, in investigating your request I found your lot is quite large and I believe it would support the garage addition without any problem. I noticed there was some clutter in the yard but otherwise kept up quite well. I like your pond and your rock garden. Petitioner: Okay. Sills: And it's the end of the season so I can understand letting it go a little bit. But I can support this particular petition. Petitioner: Thank you, sir. Sills: I'll be in support. Henzi: Mrs. Mcintyre. Mcintyre: My comments are similar to Mr. Sills, I think that the property is large enough to support the additional space in the garage without disrupting the neighborhood. I can support the request for the garage when the purpose is to get things, you know, a vehicle off the street, equipment out of the yard. It is something that is favorable and an enhancement so your lawn equipment doesn't encroach on your neighbor and cause an eyesore, so I would be in support. Petitioner: Great. Henzi: Mr. Caramagno. Caramagno: I would also find it completely reasonable since you have a small garage, no basement, I think it would be good for the whole neighborhood, so I would support it. Petitioner: Thank you. Henzi: Mr. Duggan. City of Livonia, Zoning Board of Appeals Page 6 of 19 October 23, 2012 Duggan: I, too, would be in support. I like your house, I think it's great I think you need it, I think the plans are great, I'll be in support. Petitioner: Thank you. Henzi: Mrs. McCue? McCue: I would pretty much support what everybody else has said. You want to clean up your yard, that's fine with me. I get the fact, especially a house with no basement, so I will definitely be in support. Henzi: I, too, will support your request for all the reasons stated. And the nonconformity didn't really bother me, I saw three other homes with garages that were at least partially in the side yard. I think it's a very reasonable plan. I wouldn't necessarily restrict the Petitioner but I guess I'll leave it to the Board, if somebody wanted to make a motion as far as out buildings, you know, we could talk about that. The floor is open for a motion. Upon Motion by Caramagno, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2012-10-51: John lmmonen, 20427 Milburn, Livonia, Ml, seeking to construct a detached garage addition to an existing nonconforming detached garage, resulting in excess garage area. Noncomformity is based on the existing detached garage being within the side yard, which is not allowed. Detached garages must be in the rear yard. Garage Area Allowed: 720 sq. ft. Proposed: 899 sq. ft. Existing: 533 sq. ft. Excess: 179 sq. ft. The property is located on the west side of Milburn (20247), between Fargo and Eight Mile be granted for the following reasons and findings of fact 1. The uniqueness requirement is met because this house and garage was built in the 1950s and the house has no basement and space for storage and vehicles as necessary. 2. Denial of the variance would have severe consequences for the Petitioner because he would not have the ability to store his possessions and his classic car out of the weather. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because there are other establishments in the neighborhood that are similar in nature. 4. The Board received (1) one letter of approval and no letters of objection. City of Livonia, Zoning Board of Appeals Page 1of 19 October 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 the garage be built according to the plans as presented to the Board. ROLL CALL VOTE: AYES: Caramagno, Sills, McCue, Mcintyre, Duggan, Henzi. NAYS: ABSENT: Pastor. City of Livonia, Zoning Board of Appeals Page 8 of 19 October 23, 2012 APPEAL CASE NO. 2012-10-52: Razvan and Emilia Ghiorghiu, 11401 Hubbell, seeking to construct a single family dwelling resulting in deficient front yard setback and deficient lot area. All existing structures to include the existing dwelling shall be removed. Front Yard Setback Required: 50 ft. Proposed: 34ft. Deficient: 16 ft. Lot Area Required: 0.5 acres (21,780 sq. ft.) Existing: 0.4.7 acres (20,473 sq. ft.) Deficient: 0.03 acres (1307 sq. ft.) Henzi: Mr. Podina, anything to add to this case? Podina: No, sir, not at this time. Henzi: Any questions for Mr. Podina? Hearing none, good evening. Petitioner: Good evening. Henzi: Could you tell us your names and address? Petitioner: (Razvan) Razvan Ghiorghiu, 11301 Hubbell Street, Livonia, Michigan. Petitioner: (Emilia) Emilia Ghiorghiu, same address. Henzi: Mr. and Mrs. Ghiorghiu, tell us about the home you want to construct. Petitioner: (Razvan); I'm assuming you have a copy of the plans. We would like to build a brand new home there. That was the reason we purchased the property a couple years back. There was an existing home there, built in the 1930s, and when I contacted City Hall, there was like 20-pages repair list for that home and I was not going to do it. So I said we'll demolish this existing home and we are planning on building in a couple years a brand new home. We have a child right now and would like to keep the setbacks for different reasons. One of them the previous home that we demolished was located on the same lot line with the property neighbors and we thought that okay, if we take that house down, we're going to build on the same line, grandfathered in, I thought. I'm also a licensed builder, active licensed builder. I build homes out here in Livonia a few years back before the economy collapsed. But this is for our own home, our own use. We are not planning on selling this property any time soon. Like I said, all the neighbors we talked to, everybody was in favor to build it. Actually they said they want to see the house built on the same line. It will look kind of funny for them if it's built back. On my side of the street, on the east side - I'm sorry, on the west side, we have nine homes on Hubbell, which seven homes are built 50 feet or less. On the east side we still have nine homes, which six homes are built 60 feet or less. So I think the majority of homes and their property, they are built 50 feet or less. Henzi: So you've demolished a home already on that lot? City of Livonia, zoning Board of Appeals Page 9 of 19 October 23, 2012 Petitioner: (Razvan) Yes, two years ago. Henzi: Would the front setback of that home have been about where the fence line is? Petitioner: (Razvan) The fence is right there right now where the house was. The corner of the fence is still there. That was the corner of the house where the corner of the fence is. You can see that in the plot plan. Henzi: And what about the existing structure in the rear? Petitioner: (Razvan) The existing structure, that was built in 1968 for the previous owners, I guess, and was built as a detached garage at the time. And what I found out from the Building Department, they kind of turned it into a house without the proper permits and when we moved in, we moved into this house but we inspect the house, we brought it up to Code temporarily because we want to build a new house in the front. So the existing house is built in '68 as a garage, it used to be a garage. It's about 700 square feet. Henzi: Okay. The only think I'll ask is can you tell us about the plans you have, is this a model that you've built before? What kind of materials are you going to use, that type of thing? Petitioner: (Razvan) No, it's not a model, I used to work with modular homes. This is a complete stick built home, it will be built from scratch. Materials, I'm going to use two by six walls, R-19 insulation in the walls. We're going to have in the front elevation two side walls with brick, the rest of the house will be vinyl siding. Me and my wife we are discussing maybe we can do some stone on top of the garage area, kind of give it a little bit of a facelift, we'll see about the budget, how is it going to add to it. It's a two-story home, full basement, engineered trusses, R-38 insulation in the ceiling, the standard material that the Building Department requires, I'm assuming. And basically we're trying to exceed the standard. I'm a licensed builder, it's my house, so I'm pretty much sure I'm going to exceed it. Henzi: Is this a walk-out basement? Petitioner: (Razvan) No, no. It's just we have two 4 by 8's, 4-ft. by 4-ft., windows in the rear just for egress purposes out of the basement. I'm thinking about it in the future for my office down in the basement. Henzi: Any questions for the Petitioners? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: So the house is or the garage that's back there now, that sits there, at what point does that get taken out? City of Livonia, Zoning Board of Appeals Page 10 of 19 October 23, 2012 Petitioner: (Razvan) Well, I talked to Mr. John and I talked to the Engineering Department, the property right now is almost half an acre and it's not allowed to have two homes on a single lot. I know that and I don't want that. Me and my wife will discuss it, we might want to keep it as a spare garage, take all the plumbing, all the heating out, all the walls out, put two-car garage back in and keep it as a detached garage. But the zoning requires that you have 30 percent or less buildings on the property. If we keep that property down there, that dwelling, it will be 12 percent coverage so I do qualify to keep it as a detached garage. Caramagno: How many square feet is that? Petitioner: (Razvan) It's 700. Caramagno: It's 700 plus what do you have on the new house? Petitioner: (Razvan) The new house, it will be 2,100 square feet including the attached garage to the house. Caramagno: Well, how many square feet is the garage on the new home? Petitioner: (Razvan) 468. Caramagno: 1,100, almost 1,200 feet of garage? Petitioner: (Razvan) Yes, sir. Caramagno: That's not listed here. Petitioner: (Razvan) It's not listed as a new build because it's already an existing build, that detached garage I should call it, an existing dwelling. Caramagno: Isn't that a separate issue for us, with the large garage? Fisher: If he were going to - if he's for sure going to do that, he would have to have a variance to do that, too. Petitioner: (Razvan) Well, that's another, that's another issue when we get to that point, I'm assuming. But it's not going to be a house. That's what the Building Department said would be an issue and it's not going to be a house. Nobody else will live in there and I'll take all the plumbing out and all the heating out and the walls and everything, the tubs and the sinks and everything. Because I'm going to have plenty of room in the new house. I don't need another house. Caramagno: Okay. Petitioner: (Razvan) But I'm a licensed builder again and I do have ladders and shovels and materials I have to store inside, not outside. I have a motorcycle, I have City of Livonia, Zoning Board of Appeals Page 11 of 19 October 23, 2012 two bicycles, a new baby with tricycle and I don't like to keep them outside, I like to store them inside. It looks better for the neighborhood. Caramagno: What happens to that shed - Petitioner: (Razvan) That's gone, sir, will be gone. Caramagno: --to the right; that disappears? Petitioner: (Razvan) It will be gone, yes, sir, the shed and the canopy, I think it's called, it will be all gone. Caramagno: If you keep the garage, if you decide to keep the garage in the back at a later date, how do you propose to get back there? Petitioner: (Razvan) Well, it will be not a garage to use daily, on a daily basis, it will be more like a storage for the motorcycle, wheelbarrows, ladders, bicycles, so you will not be able to store actually cars in there. Caramagno: When you talk about ladders and wheelbarrows and things of this nature, now I'm starting to envision a pick-up truck or a little dump truck or something driving back there? Petitioner: (Razvan) I don't have a dump truck, sir, and I don't think I will have one. A pick-up truck, I only have one pick-up truck, you can see it in the house in the front, that's my main vehicle that I drive. My wife has a different vehicle, an SUV, so you will not be in the back of the house. I am not going to have a driveway, I'm not going to have a concrete driveway in the back of the property, I don't want a concrete driveway in the back of the property, no way. Caramagno: I've got to tell you that when I looked at this, I didn't look at the building in the back as staying. I've got nothing else at this time. Sills: Mr. Chair. Henzi: Mr. Sills. Sills: Are you going to keep the recreational trailer that you have on the side of your building now? Petitioner: (Razvan) We just purchased that not too long ago and I talked to the neighbors and when I build a new house it will be pretty much between the fence on the south side of the house and that don't bother nobody yet. I talked to them. Because on the south side of the property, I have like 15-feet tall pine trees and it will be my house which is like 30-feet tall, it will pretty much be covered so to speak. Sills: And are you going to remove that canopy and the bicycles? City of Livonia, Zoning Board of Appeals Page 12 of 19 October 23, 2012 Petitioner: (Razvan) Yes, yes, yes, I don't have a place to store them right now. Sills: They'll all go in the- Petitioner: (Razvan) In the existing dwelling, yes. Sills: The garage? Petitioner: (Razvan) Yes, sir. Sills: All right, thank you. Petitioner: (Razvan) Thank you. Henzi: Any other questions? Fisher: Mr. Chair, just a clarification, if you're going to keep a recreational vehicle, you have to store it in the backyard. Petitioner: (Razvan) It will be, yes, sir, I agree, it will become a backyard as soon as I build a new house so to speak. Fisher: Okay. Petitioner: (Razvan) I'll try to hide it, I don't like to see it myself. And like I said, I already checked with the neighbors, they didn't complain about it but I'm trying to hide it as best as I can. Henzi: Anything else? Mcintyre: Mr. Chair. Henzi: Mrs. Mcintyre. Mcintyre: First of all, a point of information, so are we considering this without the garage? I'm a little confused procedurally. Henzi: That's all we can look at right now. Fisher: They have obviously not decided what they're going to do with anything back there. Mcintyre: Okay. So any questions about that needs to be tabled, right? Fisher: Yes, when and if it comes to the Board. Podina: We've already been in discussion as to how they're going to -- the plumbing, and mechanical and electrical is definitely going to be removed from the back building. City of Livonia, Zoning Board of Appeals Page 13 of 19 October 23, 2012 Henzi: 100 percent? Podina: Yes. Because we've discussed that, as a matter of fact we prepped the water and the sanitary sewer to accommodate the new home and to eliminate the water and sewer going to the back building during that process. Sills: If he does keep that building back there, will we make that part of the resolution, to come back at another time for a variance for that? Fisher: Well, you'll have to resolve that now. The only thing is if you wanted to tell him no, you can't do that, you can just put that in your resolution tonight. But if he does do it, he's going to be back here. McCue: So we're almost pretending it's not there? Fisher: We're assuming it's not part of the proposal because it was evidently not presented to Randy or John. Podina: I'm simply trying to let you know it's not going to be a habitable building. Fisher: Right, right. Mcintyre: And I'm sorry if I'm confused, are you living in that structure right now? Petitioner: (Razvan) Yes, ma'am, we are, temporarily. Mcintyre: So it would remain a habitable home until - Petitioner: (Razvan) Until we have the new C of 0 for the new construction, yes. Podina: He's secured permits to bring the electrical up to Code and to make it habitable, what was it, a couple years ago? Petitioner: (Razvan) Yes, a couple years ago. Podina: And we've since then followed up and it definitely happened and now it's the understanding they're living there temporarily while the home is being built. Mcintyre: Okay. Thank you. Henzi: And then it would occur necessarily then at the end of the permit process they would either have to demolish - Podina: Yes. Once we get to a point where we're actually tying the sanitary sewer and the water, he's not going to have any water or sewer back there and it will be a temporary thing until he gets his C of 0 for the home it will have to stay the way it is. City of Livonia, Zoning Board of Appeals Page 14 of 19 October 23, 2012 Henzi: And then that's how we find out about it again, because he either comes back and says yes, I want to use this as a garage? Podina: Exactly. Petitioner: (Razvan) Will we have to move like in one day, disconnect the house in the back and connect the house in the front so we can kind of move the bed and the furniture in the same day? It's going to be kind of hectic because we are not going to have water and sewer in the back but we need water and sewer in the front of the house on the new home. We can't have both houses connected, there's no way possible. Henzi: I had a couple more questions. What are the colors for the siding and brick? Petitioner: (Razvan) The brick we aren't decided but it's going to be somewhere around red, not too dark of red. Petitioner: (Emilia) Light red. Petitioner: (Ravzan) A lighter red color. And the siding, the vinyl siding we decided to be like a cream. Henzi: And again, I apologize if you've answered this already, but when would you build this? Petitioner: (Razvan) I'm ready. Henzi: Okay. Petitioner: (Razvan) Tomorrow. I already line up for basement and for digging so I'm ready if the weather cooperates with me. Henzi: Anything else? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Because of at this point the uncertainty of the garage in the back, have you considered building a bigger garage on the house you're building now in case that one in the back doesn't fly? Petitioner: (Razvan) If we do that, we've got a couple of problems. One, we are not going to fit in within the setback on the south side or north side, we're going to be too close to the fence, and if we are going to build this either in the front or in the back, extend it, then the house will kind of look funny. Caramagno: So you're saying you have considered it so later on if this wasn't right - City of Livonia, Zoning Board of Appeals Page 15 of 19 October 23, 2012 Petitioner: (Razvan) Yes. I was looking at a three-car garage when I first did the design but it's not possible to squeeze it in because I only have 9-feet in the front, 90-feet, I'm sorry. Caramagno: Okay. Petitioner: (Razvan) And we need 10-feet on the south, 10-feet on the north, so that leaves me 70-feet of building. Caramagno: So you've thought about it? Petitioner: (Razvan) Yes, I did. Caramagno: And this is the best deal you can come up with? Petitioner: (Razvan) Because we really like a backyard, we'd really like to have a big backyard. Caramagno: Okay, thank you. Petitioner: (Razvan) Thank you. Henzi: Anything else? Hearing no other questions, is there anyone in the audience who wants to speak for or against the project? If so, come on up. No one coming forward, can you read the letters? Caramagno: Brian Merriman, at 11425 Hubbell writes an approval (letter read); George Monahan, at 11400 Hubbell wrote an approval (letter read); Richie and Rhonda at 31250 Plymouth, write an approval; Mark George at 30805 Plymouth Road, wrote an approval (letter read); Richie George at 30805 Plymouth Road, writes an approval (letter read); Linda Fowler, 11324 Hubbell Street, writes an approval (letter read). Henzi: Mr. Ghiorghiu, do you have anything you would like to say in closing? Petitioner: (Razvan) No, sir. Henzi: Thank you. I'll close the public portion of the case and begin the Board's comments with Mrs. Mcintyre. Mcintyre: Given where the previous house was and how the other houses are, I think that any time somebody is willing to build a lovely house on a street in Livonia and raise their family here and do something that obviously is I think from your description of the colors, all the diagrams and planning, is going to be very, very esthetically pleasing on that street, I have full support. Petitioner: (Razvan) Thank you. City of Livonia, Zoning Board of Appeals Page 16 of 19 October 23, 2012 Caramagno: It's quite an investment and a dramatic improvement, so it's okay by me, too. Petitioner: (Razvan) You should have seen it two years ago. Henzi: Mr. Duggan. Duggan: I, too, will be in support since it's an upgrade, definitely, the house looks great, you've got support from your neighbors, you're going to be consistent with all the neighboring properties, I think the plans are terrific and I will absolutely be in support. Petitioner: (Razvan) Thank you. Henzi: Mrs. McCue. McCue: I agree, it's exciting when you start to hear houses are being built again, that's exciting. Again, I agree, you know, similar lot lines, similar area and similar setback, not overly concerned with the deficit in the lot area and you have all your neighbors support, so I will be in support. Henzi: Mr. Sills. Sills: Well, there's not much more I can say except congratulations on staying married in such a small home. Petitioner: (Razvan) We've survived. Petitioner: (Emilia) And we have a kid. Petitioner: (Razvan) And we have a kid, too. Sills: It's very, very commendable and you have my full support. Henzi: Me, too. You absolutely have some hardships and you need some relief. The lot size isn't the required half acre, and that's not your doing. And the front yard setback is exactly in line with the houses on that street and the house that you're going to build I'm sure will look beautiful, the plans certainly are. The floor is open for a motion. Upon motion by Duggan, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2012-10-52: Razvan Ghiorghiu and Emilia Ghiorghiu, 11401 Hubell, Livonia, Ml48150, seeking to construct a single family dwelling, resulting in deficient front yard setback and deficient lot area. All existing structures to include the existing dwelling shall be removed. City of Livonia, Zoning Board of Appeals Page 17 of 19 October 23, 2012 Front Yard Setback Required: 50 ft. Proposed: 34 ft. Deficient 16 ft. lot Area Required: 0.50 Acres (21,780 sq. ft.) Existing: 0.47 Acres (20,473 sq. ft.) Deficient 0.03 Acres (1307 sq. ft.) The property is located on the west side of Hubbell (11401), between Plymouth and Dalhay be granted for the following reasons and findings of fact 1. The uniqueness requirement has been met because due to the layout of all the neighboring houses on the street, that granting this variance they will be consistent with all the other neighbors. 2. Denial of the variance would have severe consequences for the Petitioner because as stated before it is consistent with all the other homes on that street; 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the zoning ordinance because of the overwhelming support from the neighbors. 4. The property is classified as "low density residential" on the Master Plan and the proposed variance is consistent with that classification. FURTHER, the variance be granted with the following conditions: 1. That it be built as presented to the Board. ROLL CALL VOTE: AYES: Duggan, Sills, McCue, Mcintyre, Caramagno, Henzi. NAYS: None. ABSENT: Pastor. Henzi: The variance is granted with one condition, you've got to build the house as you presented in your plans and as we discussed earlier, the Inspection Department will get with you about what you want to do with it. Petitioner: (Razvan) If I don't, I'll get in trouble with her. Thank you. Have a good night. City of Livonia, Zoning Board of Appeals Page 18 of 19 October 23, 21112. Upon motion by Caramagno, supported by Mcintyre, to approve the minutes of July 10, 2012 and July 24, 2012. There being no further business to come before the Board, the meeting adjourned at 7:37p.m. SAM CARAMAGNO, Secretary MATTHEW HENZI, Chairman /hm City of Livonia, Zoning Board of Appeals Page 19 of 19 October 23, 20"12