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HomeMy WebLinkAboutZBA MEETING 2014-08-26 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A SPECIAL MEETING HELD AUGUST 26, 2014 A Special Meeting of the Zoning Board of Appeals of the City of Livonia was held in the Auditorium of the Livonia City Hall on Tuesday, August 26, 2014. MEMBERS PRESENT: Matthew Henzi, Chairman Sam Caramagno, Secretary Craig Pastor Jason Rhines Robert Sills Benjamin Schepis MEMBERS ABSENT: Robert Bowling OTHERS PRESENT: Michael 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. Six (6) members were present this evening. The Chairman asked if anyone wished . The Secretary then read the Agenda to be heard by a full Board and no one wished to do so 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 7 people present in the audience. (7:05) City of Livonia, Zoning Board of Appeals Page 1 of 18 August 26, 2014 APPEAL CASE NO. 2014-08-44: An appeal has been made to the Zoning Board of Appeals by Bradley Burns, 31226 Six Mile, Livonia, MI 48152, seeking to construct a 6- ft. tall vinyl privacy fence within the side yard, which is not allowed. The property is located on the north side of Six Mile (31226) between Merriman and Cross Winds, Lot No. 043-99-0012-001, RUF-C Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090,B, “Residential District Regulations.” Henzi: Mr. Banko, anything to add to this case? Banko: I have nothing to add, Mr. Chair. Henzi: Any questions for the Inspection Department? Hearing none, will the petitioner please come to the podium? Burns: Bradley Burns, 31226 Six Mile Road. Henzi: Okay, Mr. Burns go ahead and tell us about the fence you want to construct. Burns: This is a six foot vinyl, it is a--the color is clay--custom color clay fence that is going to be erected on the side of the house. Not all the way in the front of the house but in between the garage door and the side door. Kind of--the house is a little unique because it has a side door entrance on a house on Six Mile. Henzi: Really the only question I had for you was why do you want to bring it to the front of the house on both sides? Is it to block-- Burns: It is not really blocking-- Henzi: --a door or window or something? Burns: Well, we kind of want to keep the front door--or the side door behind the fence. We had a--I didn’t put it in there but we had to go to a Freedom of Information Act. About less than a year ago we had a vehicle taken on a Sunday afternoon all way from the back of the property. So, that was one of the other reasons why too. I made a couple of that if we need to submit it with the minutes. Henzi: If you brought it with you, we will look at it. Burns: I can do that. So that--so that is what the idea is. It’s for--we also have a pool in the back too. A little more privacy for the pool and I don’t know if you--we just finished up the addition. The house is shaped like--it is kind of a U shape now, so it brings it back up to the front so the fence is not extending all the way to the front of the house, it is actually kind of toward the middle of the side yard. Henzi: Then on the west side do you plan to bring over to the house where the existing privacy meets or there abouts? Burns: Yes, right--exactly, on the other side. There is about a fifteen foot span on the other side which would be actually I believe that is further back--it is further back toward the back of the house then the one on the driveway side is. City of Livonia, Zoning Board of Appeals Page 2 of 18 August 26, 2014 Henzi: Okay. Any questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Are you on your driveway side-- Burns: Yes. Pastor: --you’re going to put the fence--you’ve got a door then going to the south, you’ve got a window? Burns: Right. Pastor: And then between the windows you have a gutter. Are you putting it between the gutter and the window or on the other side of the gutter? Burns: Yeah, it is between the garage and the window. Pastor: Between the garage and the window. Burns: Right. Pastor: Okay, you are going to go over to and attach to the chain link fence? Burns: Well they are not going to technically attach to it but yeah they are going to go up to it. Pastor: It will butt into the chain link fence? Burns: Yeah, the existing chain link fence that was-- Pastor: Are you going down back--back-- Burns; Not-- Pastor: Just in front of your house? Burns: Right, we’re not going back at this time. Pastor: You are not doing any sides or anything like that? Burns: No--no. Pastor: Okay, thank you. Oh, one other question. I see it, forget it. Thank you. Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Don’t they have that clay colored fence going down the west side of your property? Burns: That is actually our neighbor’s fence. Caramagno: Your neighbor has had that all a long? Burns: Yeah, that’s the neighbor’s. City of Livonia, Zoning Board of Appeals Page 3 of 18 August 26, 2014 Caramagno: It’s going to match that fence? Burns: It’s that color, yes. Caramagno: Is your construction all done now--your home construction? Burns: Except for the driveway and the landscaping. So the fence, the driveway, landscaping, that’s the procedure. Caramagno: I don’t live far from this site-- Burns: You know the house, you saw it go up then right? Caramagno: Yeah, it looks nice. Burns: Thanks. Henzi: Any other questions? Rhines: Mr. Chair. Henzi: Mr. Rhines. Rhines: I’m looking at the picture here it looks like your neighbor’s fence is white facing Six Mile and then beige going back, is that correct? Burns: Yeah, that would be correct towards the west side--I believe that is correct, yes. Rhines: So are you going to be the same color white facing the road or are you going to be the beige facing the road? Burns: We plan on going beige facing the road because that is going to match the other side. The white we are not really too happy--the gutters are clay, the house, the trim is clay and I’m not a big fan of white vinyl fences. Rhines: All right, I was just checking. Burns: We plan on making that clay that is the way we would like it. Rhines: So your fence will match your neighbor’s fence the part that goes back? Burns: Correct. Rhines: So that will look pretty good from standing in your backyard, you will be looking at all clay? Burns: Right--right. Rhines: All right, that is it for me. Henzi: Any other questions? Then you’ve got the type of fence that you wanted it looks to me to be the same kind your neighbor has? Burns: It is. Henzi: Along the back yard? Burns: It’s the same--it’s the same fence yeah or almost identical fence. Henzi: As close as you can get it? City of Livonia, Zoning Board of Appeals Page 4 of 18 August 26, 2014 Burns: It is very close, yes. Henzi: Okay. Burns: You would have to be up maybe right next to it to maybe see if it was any different. You might not even notice is what they told me anyway. Rhines: Mr. Chair. Henzi: Mr. Rhines. Rhines: I did notice also that your neighbor’s fence is not only white facing Six Mile but it looks like--I can barely see in this picture here--it’s got a little trellis at the top? Burns: On the front? Leslie Burns: We are not doing that. Burns: Yeah, that could be. Keep in mind in his--on his property you can’t see it there, the front of his property--he is almost like a bowl in the back. He has trees up on the side and on the front, you really can’t even see--maybe if you drive right by his driveway and you have that little window that you can look in and see that fence in front of his house. Other than that you really can’t see it. Rhines: Yeah, I noticed it was covered up by trees. Burns: I’m trying to place--I can’t even place it myself that one in front--his front fence if that is what you are discussing--if that is what you are talking about? Rhines: According to this picture, it looks like he is white facing the road with a trellis on the top. Burns: He could be, yeah I think it is white. Rhines: So you will be beige facing the road with no trellis? Burns: Right--right. Rhines: So it will be--it will be different just to clarify some other questions of the Board here. It will look different but you can’t see very much of his because the tree is covering most of it? Burns: You really can’t--yeah and even down the side he has those arbors going down the side--this is in the front there are some arbors running down the side. Rhines: Unless he ever cuts the trees down or he sells the house and somebody else cuts the trees down and then you will be looking at a completely non-matching fence that butts up. Burns: Yeah. Rhines: Just so we are all on the same page. Sills: Mr. Chair. Henzi: Mr. Sills. City of Livonia, Zoning Board of Appeals Page 5 of 18 August 26, 2014 Sills: To the petitioner. Would your fence be in line with your neighbor’s fence on the west side? Burns: Yeah, we are not going out any further than that side. Is it out any further or is it even back a little bit? Leslie Burns: Yeah, because of Adam’s window. Burns: Yeah it is right in line, it doesn’t go out any further if that is what you mean. Sills: Well I-- Burns: Going out toward Six Mile? Sills: --was questioning how you determined where you were going to start your fence toward the front of the house okay? Burns: Okay. Sills: Usually we insist on you having the fence end at--start at the rear of the house. Burns: Right--right. Sills: So you were coming forward it was-- Burns: Yeah, that is where it is. It’s coming forward to line up where his house-- Sills: Are you going to line up with your neighbor’s fence on the west side? Leslie Burns: No. Burns: Well it’s where that other clay fence-- Leslie Burns: No. Burns: It goes out a little further? Leslie Burns: Because we have a-- Henzi: Your name and address please? Burns: Oh, go ahead sorry. Leslie Burns: Leslie Burnell Burns, sorry, 31226 Six Mile. We have a window--because of the addition we had to change one of the windows in the back bedroom. Burns: Yeah. Leslie Burns: Which comes down really low. Burns: Yes. Leslie Burns: And it is for one of my children, so the concern was putting the fence so that it is blocking that window. Burns: Right. Leslie Burns: So it would be--I think it is approximately five to six feet higher--or forward toward the front. So say the neighbor’s fence is here, our front would be here. Burns: Right. City of Livonia, Zoning Board of Appeals Page 6 of 18 August 26, 2014 Leslie Burns: If you could kind of-- Burns: And also the fence where it--if you line it straight up it ends up like right by--right almost into the window. Do you follow me? Like a portion of the--I believe it’s like right at the window. We don’t want the fence kind of coming into the window so we are moving it up a little bit. Sills: Well my concern was--is that your lot is awfully deep. Burns: Yeah, it is 400 feet deep. Sills: You have an awfully deep lot and why you would want to come up half way on your house to start the fence that was my question. Burns: Yeah, well on the west side it’s not--it is further back than half, it’s not half, it’s more toward the back. But to line up with that other fence and then give a little bit more security for noise for the child’s window, keep it on that side of the window. Sills: Okay, thank you. Burns: You are welcome. Henzi: Mr. Rhines. Rhines: So to clarify--I’m just double checking. Burns: Yes. Leslie Burns: Yes, sir. Rhines: You are saying it is six feet closer to Six Mile than the neighbor on the west? Leslie Burns: Correct. Rhines: Your fence will be closer? Leslie Burns: Correct. Rhines: So you plan to go straight over than go back to his? Leslie Burns: Correct, we have to add a section on the west side before we can put the front face on. Rhines: To bring--just sort of on the property line there to bring it-- Leslie Burns: We have to add a L. Rhines: Okay, to bring it closer to Six Mile? Burns: At that existing clay fence--add to that existing clay fence up I think it’s five something and then come back. Rhines: And then that will be clay as well? Leslie Burns: Correct. Burns: Correct, that will be the exact same fence. Henzi: Is that it? City of Livonia, Zoning Board of Appeals Page 7 of 18 August 26, 2014 Rhines: Yes. Henzi: So you are saying you want to put another panel in front of that white house and then bring it over to the wall of the home? Leslie Burns: Correct. Henzi: Why do you want to do that? Leslie Burns: Because of the window being so low and we already had one theft at that house. Burns: Yeah. Henzi: Which window? Is it depicted in any of the photos that were submitted? Burns: I’m sorry I didn’t bring that. Can I see the--can I see one of the packets? Or do we have--how about Robert’s packet, does he have a packet I can look at to make sure I am looking at the exact same one as you guys? Henzi: I thought you said that this was a bedroom at the rear of the house so I am looking at a photograph that shows two windows on the west side. They are both north of the gutter? I mean if you came right across you are still--you’re bringing the fence in front of that window. Leslie Burns: Correct, I am asking for permission to bring it front of the window. Burns: So yeah we’re going to be--we’re looking at going between--let us see-- Leslie Burns: Because that window is the lowest window on that side of the property. Burns: So in between the window and the gutter. Henzi: Yeah, but I don’t understand-- Burns: Which is-- Henzi: --why you don’t just continue the fence line that your neighbor already has and bring it straight over? Sills: That was what my question was. Leslie Burns: For security purposes is the reason I am asking for variance. Henzi: I don’t understand that. Burns: That one is-- Leslie Burns: Because we already had a theft at the property. Henzi: I get it. Burns: Yeah. Henzi: If you bring it right across from where the neighbor is? Burns: Exactly. I think what might be the problem is in the photo because of the angle it looks like this is out toward that window, but when you go through it, it ends up right at City of Livonia, Zoning Board of Appeals Page 8 of 18 August 26, 2014 the edge of that window. Do you follow me? Where--if you bring it straight through. If you turn on this photo and you come straight in the house-- Henzi: Got it. Burns: --it’s--the fence ends up covering about two to three inches of the window. Henzi: Got it. Burns: Is what the idea is. Henzi: Okay. Burns: So this picture doesn’t depict it because of the angle, that’s what it is. Henzi: Thank you. Burns: You are welcome. Henzi: Any other questions? Hearing none is there anybody in the audience that wants to speak for or against the project? Seeing no one coming forward, can you read the letters? Caramagno: A letter of approval from Terry and Gloria Grech, 31284 Six Mile (letter read). Henzi: Mr. and Mrs. Burns anything you want to say in closing? Burns: No. Terry and Gloria those are the ones that have the existing clay fence that is there. Henzi: Okay. Thanks, I’ll close the public portion of the case and begin the Board’s comments with Mr. Sills. Sills: I would prefer to see that fence in line with the neighbor’s fence on the west side rather than stepping it back or forward. If you are going to do that you may as well as end it--start it at the rear of the house like the ordinance says. Henzi: Mr. Rhines. Rhines: I echo the sentiments of my colleague and I would like to see it match. I would like to see it be which facing Six Mile with the trellis across the top so that it looks nice and uniform. I could definitely be in support of that. I’m not--I’m kind of--no pun intended I’m kind of on the fence about the proposed plan. That’s all for me. Henzi: Mr. Caramagno. Caramagno: I will support it as presented. I think it is going to look fine. This house sits back off the road. All the trees over there on the neighbors side to the west of you I don’t think you’re going to harm anything. I do understand that the picture is a little deceiving. As I said I live close and I drove by that house many--many times. I will support it as presented. Henzi: Mr. Pastor. Pastor. I can support this. I don’t have a problem with the color of the fence, but I would like to see--I didn’t take note when I went by your house tonight where that lines up. It is City of Livonia, Zoning Board of Appeals Page 9 of 18 August 26, 2014 very deceiving in the picture. I would like to see it between the window and the gutter wherever that panel ends up if that--yeah that should line up. But no further south than that gutter--or the downspout excuse me. I can support this. Henzi: Mr. Schepis. Schepis: I agree, I can support this as presented. I think in the perfect world it would look better if it lined up but you are right on Six Mile and I think that other fence is covered pretty well when you drive by so I would support this. Henzi: Yeah, I too will support it for a couple reasons. Number one you’ve got neighbors on either side of you that have fences in the front yard. And to be honest when I drove past I didn’t even notice the white trellis. I could see the privacy fence but I didn’t see the white trellis. But Mr. Pastor makes a good point. I mean--I understand and I always look to what the reason is, is it to block off a bathroom or kid’s bedroom, I have no problem with that. But I just don’t want to see it further than the downspout. I appreciate the fact that the photo is a little misleading. My issue is on the other side but you’ve explained why you want to put it where you want to put it. So I think it’s a great addition and I think it will look nice. So the floor is open for a motion. Caramagno: I’ll take it. Henzi: Mr. Caramagno. Upon Motion by Caramagno supported by Pastor, it was: RESOLVED: APPEAL CASE NO. 2014-08-44: An appeal has been made to the Zoning Board of Appeals by Bradley Burns, 31226 Six Mile, Livonia, MI 48152, seeking to construct a 6-ft. tall vinyl privacy fence within the side yard, which is not allowed. The property is located on the north side of Six Mile (31226) between Merriman and Cross Winds, Lot No. 043-99-0012-001, RUF-C Zoning District. Rejected by the Inspection Department under City of Livonia Fence Ordinance, Section 15.44.090,B, “Residential be granted for the following reasons and findings of fact: District Regulations,” 1. The uniqueness requirement is met because of the vinyl fence to the west, the pool, safety issues, the need to protect property from theft, the large backyard, and front/sideyard fences in the neighborhood. 2. Denial of the variance would have severe consequences for the Petitioner because the need to secure the backyard and possessions and safety for the pool. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the neighbors have similar fences. 4. The Board received one letters of approval and no letters of objection from neighboring property owners. City of Livonia, Zoning Board of Appeals Page 10 of 18 August 26, 2014 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 fence be constructed as presented including the style and the color. 2. That the fence on the west side of the house does not extend any further south than the existing downspout and the east side is constructed as presented. 3. That the fence be completed within three (3) months. ROLL CALL VOTE: AYES: Caramagno, Pastor, Schepis, Henzi NAYS: Rhines, Sills ABSENT: Bowling Henzi: The variance was granted with four conditions. So you’ve got to construct the fence as presented, the same type and color. And the west side not further south than the downspout and the east side as presented. And you’ve three months in which to complete it. Burns: Very good. Leslie Burns: Thank you. Burns: Thank you. Leslie Burns: Do you want a copy of the police report for your files? Henzi: Sure. City of Livonia, Zoning Board of Appeals Page 11 of 18 August 26, 2014 APPEAL CASE NO. 2014-08-45: An appeal has been made to the Zoning Board of Appeals by Paula Bjertness, 11301 Sunset, Livonia, MI 48150, seeking to construct a roof over an existing front porch, resulting in deficient front yard setback. Front Yard Setback: Required: 25 ft. Proposed: 21 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 4.05, “Schedule of Minimum Front and Rear Yard Requirements in R-1 through R-5 Districts.” Henzi: Mr. Banko, anything to add to this case? Banko: I have nothing to add, Mr. Chair. Henzi: Any questions for the Inspection Department? Pastor: Mr. Banko, I noticed in the subdivision a lot of these porches have half covers on them, is that because of the setback requirement? Banko: You know I--as riding through the neighborhood it looks like they were built that way. Pastor: I know--I understand that, but it seems like-- Banko: I was totally taken back on how the brick wall comes up on the side of the porch on not just that street but on other streets also. Pastor: So do you think that is because of the setback requirement or-- Banko: They are all--everything looks like they are all setback the same and it is how it was built. You are like my wife now, you are asking me a question I can’t answer. Pastor: Well I thought I would try. Thank you. Henzi: Any other questions? Hearing none will the petitioner please come to the podium? City of Livonia, Zoning Board of Appeals Page 12 of 18 August 26, 2014 Steve Detloff: Steve Detloff, 364 Bluebush Road, I’m the contractor speaking with the petitioner. Henzi: Okay. Ma’am, your name? Paula Bjertness: Paula Bjertness, 11301 Sunset. Henzi: Okay, can you tell us about the reason for the roof and then tell us about the building materials. Bjertness: We want the roof because we want it to cover the porch and protect it from snow and ice. And we also want to match the rest of the neighborhood and upgrade our property. Henzi: Okay. Mr. Detloff, can you tell us about the building materials? Detloff: Yeah, it is going to be--the total height to the peak is going to be thirteen feet from the ground. The house itself is sixteen feet, six inches to the peak, so it would be below the roof line. Two by four, two by six and two by eight, you know the beams will be all of those. OSB--it will be sheeted with. Shingles to match the house. They want to do it now because they are tearing off the front of the house down to the studs and they wanted to add it in now, it will be easier to do it while everything was off. So that is the reason for the timing. Henzi: It will make it easy to have it matching then. Detloff: Very easy and tie it in for leak purposes. It will have two posts in each corner. The slab they had poured is twenty one foot long by six foot out and they want to match that. It won’t go any larger than what the cement porch is now, it will just cover. It will be a gable so it will be an A frame to match some of the houses that are in the neighborhood already. Henzi: Okay, Detloff: It will be built as low profile as possible so not to stand out. Henzi: Any questions? Rhines: Mr. Chair. Henzi: Mr. Rhines. Rhines: I am just double checking, I apologize if I was writing and you might have already answered this, but the lean-to came off the side of the house? City of Livonia, Zoning Board of Appeals Page 13 of 18 August 26, 2014 Detloff: Correct. Rhines: And you are going back with a garage or something like that? Detloff: Correct. Rhines: Is it an attached garage or a detached garage? Detloff: Attached. Rhines: Okay, thank you. Detloff: Mm-hmm. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: I’m sorry, I went blank here. You don’t have any plans of enclosing this do you? Detloff: No. Pastor: That’s a no? Detloff: No, sir. The only part that will be closed will be the gable front up top. It will be sided the same as what the-- Pastor: Sure, but it won’t be an enclosed porch? Detloff: Absolutely not. Pastor: Won’t be screened in? Bjertness: No. Pastor: Okay, thank you. Henzi: Any other questions? Hearing none, anyone in the audience want to speak for or against the project? Keith Bjertness: I think it’s a great idea. Burklow: Can I have his name? Bjertness: Keith Bjertness. Henzi: Can you read the letters? City of Livonia, Zoning Board of Appeals Page 14 of 18 August 26, 2014 Caramagno: Letters of approval from Glynn and Louise Scanlan, 11000 Hubbell (letter read), Diane Spei, 11311 Sunset (letter read), Elizabeth Witkowski, 11305 Milburn (letter read), Bruce Barnhart, 11025 Hubbell (letter read), Kelly and Jason Schniers, 11316 Sunset (letter read), and Julie Leon, 11084 Sunset (letter read). Henzi: Anything you want to say in closing? Detloff: No, sir. Henzi: Okay, I’ll close the public portion of the case and begin the Board’s comments with Mr. Rhines. Rhines: It makes perfect sense to me. The neighbors are all in support, it’s going to improve the looks of the house, and I agree the more people sitting on the front porch keeping an eye on the neighborhood the better. So I have no problem with approving this. Henzi: Mr. Caramagno. Caramagno: It adds a level of safety coming in and out and recreation for that matter sitting there. It adds curb appeal and you have great support so I am good with this. Henzi: Mr. Pastor. Pastor: Yes, you have wonderful neighborhood support. Very rarely do we get so much support for any case. You are remodeling the home so this is a slam dunk, I have nothing but support for this. Henzi: Mr. Schepis. Schepis: I agree, it is consistent with the neighborhood and your neighbors are the people who are going to see it and they support it. And I think it will look good. Henzi: Mr. Sills. Sills: I am impressed with the support that you are getting from your neighbors and I am sure the roof will do you a lot of good as far as the elements are concerned. I will be in total support. Henzi: I am in total support also. I really like that sub by Devonaire and the houses are really nice and there’s a--I saw an A frame roof similar to what you are proposing on--I can’t--it might have been Robert that looked great. So I am in full support. Everybody should be able to get their mail without getting rained on. Bjertness: Right. City of Livonia, Zoning Board of Appeals Page 15 of 18 August 26, 2014 Henzi: The floor is open for a motion. Mr. Schepis. Upon Motion by Schepis supported by Rhines, it was: RESOLVED: APPEAL CASE NO. 2014-08-45: An appeal has been made to the Zoning Board of Appeals by Paula Bjertness, 11301 Sunset, Livonia, MI 48150, seeking to construct a roof over an existing front porch, resulting in deficient front yard setback. Front Yard Setback: Required: 25 ft. Proposed: 21 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 4.05, “Schedule of Minimum Front and Rear be granted for the following Yard Requirements in R-1 through R-5 Districts,” reasons and findings of fact: 1. The uniqueness requirement is met because of the need for protection of the porch from the elements and additional recreation area. 2. Denial of the variance would have severe consequences for the Petitioner because the porch would be subject to the elements. 3. The variance is fair in light of its effect on neighboring properties and in the spirit of the Zoning Ordinance because the neighbors have similar structures and are in support of the variance. 4. The Board received six 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. City of Livonia, Zoning Board of Appeals Page 16 of 18 August 26, 2014 FURTHER, This variance is granted with the following conditions: 1. That the roof over the front porch be constructed as presented. 2. That the porch may not be enclosed. ROLL CALL VOTE: AYES: Schepis, Rhines, Pastor, Sills, Caramagno, Henzi NAYS: None ABSENT: Bowling Henzi: The variance is granted with two conditions. You’ve got to build it as you presented it and you can’t enclose it. You can’t make it like an extra room. Bjertness: Okay, thank you. Henzi: Good luck. Bjertness: Thank you very much. Detloff: Thank you very much. City of Livonia, Zoning Board of Appeals Page 17 of 18 August 26, 2014 Pastor: Do we have minutes to approve? th Henzi: Yeah, June 15? th Pastor: Mr. Chair, I make a motion to approve the minutes of July 15. Caramagno: Support. Upon Motion by Pastor supported by Caramagno the minutes from the July 15, 2014 were approved. Pastor: I’ll make a motion to adjourn. Henzi: Is there support? Caramagno: 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 7:30 p.m. __________________________ SAM CARAMAGNO, Secretary ___________________________ MATTHEW HENZI, Chairman /pcb City of Livonia, Zoning Board of Appeals Page 18 of 18 August 26, 2014