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HomeMy WebLinkAbout07-26-11City of Livonia, Zoning Board of Appeals Page 1 of 11 July 26, 2011 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A SPECIAL MEETING HELD JULY 26, 2011 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 July 26, 2011. MEMBERS PRESENT: Matt Henzi, Chairman Sam Caramagno, Secretary Ed Duggan Betsy McCue Toni Aloe Craig Pastor Robert Sills MEMBERS ABSENT: None OTHERS PRESENT: Michael Fisher, Assistant City Attorney John Podina, City Inspector Helen Mininni, Court Reporter The meeting was called to order at 7:00 p.m. Chairman Henzi then explained the Rules of Procedure to those interested parties. Each Petitioner must give their name and address and declare hardship for appeal. Appeals of the Zoning Board's decisions are made to the Wayne County Circuit Court. The Chairman advised the audience that appeals can be filed within 21 days of the date tonight’s minutes are approved. The decision of the Zoning Board shall become final within five (5) calendar days following the hearing and the applicant shall be mailed a copy of the decision. There are four decisions the Board can make: to deny, to grant, to grant as modified by the Board, or to table for further information. Each Petitioner may ask to be heard by a seven (7) member Board. Seven (7) members were present this evening. The Chairman asked if anyone wished to be heard by a full Board and no one wished to do so. The Secretary then read the Agenda and Legal Notice to each appeal, and each Petitioner indicated their presence. Appeals came up for hearing after due legal notice was given to all interested parties within 300 feet, Petitioners and City Departments. There were 3 persons present in the audience. ______________________________________________________________________ (7:02 #1/50) APPEAL CASE NO. 2011-07-38: Lisa Bond, Irrevocable Special Needs Trust, f/b/o Ryan Christesen, 38906 Ross, Livonia, MI 48154, seeking to erect an addition to City of Livonia, Zoning Board of Appeals Page 2 of 11 July 26, 2011 the rear of an existing dwelling resulting in deficient rear yard setback and excess lot coverage. Rear Yard Setback Lot Coverage Required: 30 ft. Allowed: 25.0% (1,933 sq. ft.) Proposed: 26 ft. Proposed: 32.1% (2,488 sq. ft.) Deficient: 4 ft. Excess: 7.1% ( 555 sq. ft.) The property is located on the north side of Ross (38906) between Norman and Adams. Henzi: Mr. Podina, do you have anything to add to this case? Podina: Not at this time, sir. Henzi: Any questions for Mr. Podina? Hearing none, good evening. Representative: Hello, my name is Matthew Hahn. I’m at 8155 Warner Road, Saline, Michigan. I am representing Lisa Bond in trust for Ryan. She is unable to come this evening. I am a friend and the builder. Henzi: Why don’t you tell us briefly about why she wants to construct this addition in the spot where she proposes? Representative Hahn: Okay. In the spot, it’s just a lay out of the house. The way the house is laid out it’s the best way feasible to give Ryan his own space in the house. He’s getting older now and it will be easier on the family for vacations because it will give care giving in the house and so he can stay in the house with the family without moving and nowadays it’s tough to move. Henzi: Can you tell us a little bit about the building materials? Representative Hahn: The building materials – it’s going to match the existing house. What it’s going to do is its not going to look like an addition. It’s actually just a bump out of the back of the house just to make the rooms big enough so we can make him a little more of a living space, his own laundry room, and his own handicapped bathroom. Henzi: How old Ryan? Representative Hahn: Ryan is approximately 21. Henzi: And how many people reside in the home? Representative Hahn: There are five. Henzi: Okay. Thank you, is there anything else you wanted to make as a comment? Representative Hahn: No, I think it’s pretty much stated. I mean it’s just, it’s just to make the living easier on the family and on Ryan himself to give him his own space. City of Livonia, Zoning Board of Appeals Page 3 of 11 July 26, 2011 Henzi: Okay. Representative Hahn: And still be in with the family instead of moving him somewhere else. Henzi: Thanks, are there any questions for the Petitioner’s Representative? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Are there two additions being put on this home? Is there a sunroom addition as well; is that what this is? Representative Hahn: There’s just one addition, it’s just off the back right hand of the house. There’s a patio that’s being closed in. Caramagno: So, this sunroom -- Representative Hahn: It’s an enclosed – yeah, that’s already enclosed between the garage and the house. Caramagno: I thought it was. Representative Hahn: Yes, and it’s just going to get a roof and a wall so that’s just going to get closed in. Caramagno: The only issue is you’re adding on to the eastern end of that backyard? Representative Hahn: Yeah, and – Caramagno: And you’re bumping that out? Representative Hahn: -- the lot is kind of an odd shape in the back and that’s the only reason why there’s variance issues is because of the back setback on the property that’s got a v-shape to it. Caramagno: And this indicates it’s is going out 6 feet? Representative Hahn: Yes. Caramagno: 6 ½ feet? Representative Hahn: Yes, it nothing – yeah, nothing too large or – it’s just to make the rooms feasible for the space that we need. Caramagno: When I looked from the road, it looked like that was already an add on at one time; was it added on to the back of the home? City of Livonia, Zoning Board of Appeals Page 4 of 11 July 26, 2011 Representative Hahn: Not to the best of my knowledge. It’s part of the basement and everything so it hasn’t been added on to. I believe they added on at one time I believe they added second story on to the house and I believe they added on to the garage at one part, but not on to the footprint of the house. Caramagno: And the garage appeared to be deeper than normal. Representative Hahn: Yes. Caramagno: Okay. The ramps – how will you get into this addition? Representative Hahn: The ramp is accessed along the side of the garage there’s an existing 36 inch sidewalk along the side of the garage and the ramp comes up the back of the house because all his rooms and everything are at the back of the house rather than have to go through the front. If we did the front, it would take up the whole front yard and we’d have huge issues with the setback in the front. Caramagno: Is there going to be any access to that ramp or that entry through the garage or is it all going to be outside? Representative Hahn: It’s all from the outside. The garage right now actually has a door that goes – a roll-up door in the back and that’s going to be closed in and just a window put in. Caramagno: How will that ramp and entry in the back, how well will that operate in the wintertime? Representative Hahn: I don’t know what you mean? Caramagno: Well, how well will it be to operate in and out of it – it’s quite a long way around the house in the wintertime the snow and bad weather -- Representative Hahn: It is but it was the best place that we could go for setback. It was the minimum interference with the setback on the back of the house, it’s very minimum where to the front of the house which granted it would be great, but I don’t even know if there’s enough room with the 88 rules with the height. I mean, it would take up the whole front yard and neighbors wouldn’t like it and I think this is the less impact on the neighborhood and, you know, not to be so obvious and still serve a purpose. Caramagno: Thank you. Henzi: Any other questions? I have a couple, Mr. Hahn. Representative Hahn: Yes. Henzi: How long has Lisa Bond resided at the home? Representative Hahn: I know it’s been over 10 years. City of Livonia, Zoning Board of Appeals Page 5 of 11 July 26, 2011 Henzi: As I look at the house, I think that if this home were two doors to the east, you wouldn’t have the rear yard setback issue, but you still might have the lot coverage. Can you tell us why you’re building in this spot as opposed to why not, you know, go up, go in the front? Representative Hahn: That house already has gone up already. Henzi: This is really the only spot left; isn’t it? Representative Hahn: Yeah, yeah, in the front it already is at its max setback from the road. They don’t have very big front yards to begin with. The sides, it’s already maxed out on to the sides. Somebody already added on to the garage before they purchased the property. Henzi: And then the last question that I have is I think is how did you determine the size? I mean, it looks like you’re sort of bumping it out even in a rectangle so to speak – just adding out on what exists. How did you decided how deep to go and how wide to go? Representative Hahn: Because of the room sizes and the lay out of the house that gives us just enough room it make the handicapped bathroom and for the care giving area and it works out, it works out the best and it was the less impact. It was the less build out, it’s not a major, it’s not a major addition, but yet it works well for the house. Because it’s a decent size house to begin with, but still with the amount of kids in the house and there wasn’t any other way to move – I mean you’d have to move every wall in the house and some of them you can’t move them. Henzi: Okay, are there any other questions? Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Can you explain to me what a care giving living area is? Representative Hahn: Where it is? Pastor: What is it? Representative Hahn: What it is, the care giving? It’s the space where the caregiver can come to the house. For instance, the family is unable to take vacations – they have to take separate vacations so this gives an opportunity for a caregiver to come in the house and has an area without the whole run of the house. It’s separated so he has his own living area. So, a caregiver doesn’t have access to the rest of the house unless granted or needed. Petitioner: So this is another bedroom? City of Livonia, Zoning Board of Appeals Page 6 of 11 July 26, 2011 Representative Hahn: Yeah, it’s a bedroom, living – yes. Pastor: Thank you. Henzi: Any other questions? Sills: Mr. Chair. Henzi: Mr. Sills: Sills: For my benefit, what is wrong medically with their son? Representative Hahn: He is unable to function regularly due to vaccinations at a young age. He was fully fine before then. He was vaccinated and then he will never recover. Sills: So, I guess would be is how long has he been this way? Representative Hahn: Pretty much from - since he was six years old for a very long time. Sills: And he’s going to be 21? Representative Hahn: Yes. In that age, I’m trying to remember I didn’t expect all these personal questions on the family, but I didn’t -- Sills: So, I guess my question would be why now for the expansion of the house? Why wasn’t it done prior to now? Representative Hahn: He’s getting bigger and older and he needs – he’s unable to bathe in areas and it’s so difficult for them for the bathing purposes and everyday living parts of it, a lot of the doorways are smaller so we are going to address those so he can get through the house easier and everything. But it’s just due to now that he’s getting older and it’s harder, you know, he’s bigger, he’s heavier. It’s harder for them to help him. Sills: So, he is definitely handicapped and unable to -- Representative Hahn: Oh, yes. Sills: -- unable to go outside by himself? Representative Hahn: Yeah, he can’t function at all by himself. Sills: I see. That was just for my benefit. I take an interest in that because I have a friend of mine that his son has been this way for 21 years, 22 years and they bought him a house with somebody living there with him 24 hours a day. City of Livonia, Zoning Board of Appeals Page 7 of 11 July 26, 2011 Representative Hahn: They thought about doing that but they would rather keep the family together and they just – they don’t want to – they don’t know how – I mean, how would react? Sills: Thank you. Henzi: Thanks, any other questions? Hearing none, is there anyone in the audience who wants to speak for or against this project; is so, come on up to the podium. Good evening. Can you tell us your name and address? Shay: Steven Shay. I live at 38882 Ross Street. I’m just one house east of the Bond’s. I haven’t seen the lay out if you’re standing in the street is it going to be on the right side by my house or is it going to be -- Representative Hahn: It’s on the right side. Shay: On the right side if you’re standing in front of the house? Representative Hahn: Yes. Shay: So, will it be like -- Representative Hahn: It doesn’t go closer to your house, it just proceeds and just goes into the backyard. Shay: Is there going to be any windows facing my backyard? Representative Hahn: No more additional -- Shay: Huh? Representative Hahn: No more additional windows on that side of the house. Shay: None at all? Representative Hahn: None at all. Shay: Then I’m all for it. They do have a special needs child. I’ve lived in my home for over 20 some years and trust me they need this extra room. So, I’m all for it. I was just wondering if I could get permission to put up a privacy fence if they had windows right over my backyard, but they’re saying they’re not so I’m good with it. Henzi: You’re welcome to look at the plans it you’d like actually Mr. Hahn will show them to you. Shay: I believe you. No, I’ve known Steve and Lisa for many, many years and the situation they have with their son and they really could use the extra room. I have no City of Livonia, Zoning Board of Appeals Page 8 of 11 July 26, 2011 beef it’s going to be right by my fence – an extra four feet is that what we are talking about? Caramagno: Six and a half out. Henzi: Yeah, six feet. Shay: Six and a half feet out that’s all? Representative Hahn: Yeah, it bumps out. Shay: On the other side of the garage that’s my house. Representative Hahn: That’s your house right here. It’s just going straight back. Shay: Six feet? Representative Hahn: Yeah. Shay: I didn’t know you had to get permission to do that, but they really truly could use the extra room. Henzi: Thank you very much. Shay: I didn’t have any idea because I haven’t talked to Steve in a while. I thought they were going to be building a monstrous addition right over my backyard and I just wanted to see if I could put up a fence. Good luck with this. Thank you so much for hearing me. Henzi: Sure. Seeing no one else in the audience, are there any letters? Caramagno: Yes, David Barnaby [38809 Jamison] sends an approval. Marilyn Chapoton [39034 Ross] sends an approval (letter read). Robert Dommer [14903 Knolson] sends an approval. Thomas Olinger [38952 Ross] approves (letter read). Michael Sarazin [38837 Jamison] approves (letter read). Henzi: Mr. Hahn, is there anything you would like to say in closing? Representative Hahn: No, there isn’t. I think everything has been said. It’s pretty straight forward I think. Henzi: Okay, thank you. I will close the public portion of the case and begin the Board’s comments with Mr. Sills. Sills: I can approve the petition. The family definitely has a hardship with their son and if there’s any way we can improve that condition, I’m certainly for it. He certainly has the backing of his neighborhood, a lot of nice letters and I think the plan is well thought City of Livonia, Zoning Board of Appeals Page 9 of 11 July 26, 2011 out. I like the way the ramp is set up in the back coming around the house and I will be in support. Aloe: I also will be in support for the same reasons stated by Mr. Sills, but I just wanted to say one thing. Are you going to be removing that concrete slab and wooden fence? Representative Hahn: Yes, yes. Aloe: So, that’s definitely going? Okay, thank you. I will be in support. Henzi: Mr. Caramagno. Caramagno: I am going to be in support as well. This is a reasonable request and it’s a true hardship so I can see my way to approve it. Henzi: Mrs. McCue. McCue: I also agree with that. I think quality of life, as well as the support of the neighbors, so I will approve. Henzi: Mr. Duggan. Duggan: I, too, will approve. She needs circumstances and if it can make it a little easier for them I’m all for it. Henzi: Mr. Pastor. Pastor: I also will be in support. Henzi: I, too, will be in support and I appreciate the builder when he said it won’t look like an addition. That’s music to our ears. We like to hear that it will be made to blend in look like it always existed in that manner. So, thank you. The floor is open for a motion. Upon motion by Aloe, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2011-07-38: Lisa Bond, Irrevocable Special Needs Trust, f/b/o Ryan Christesen, 38906 Ross, Livonia, MI 48154, seeking to erect an addition to the rear of an existing dwelling resulting in deficient rear yard setback and excess lot coverage. Rear Yard Setback Lot Coverage Required: 30 ft. Allowed: 25.0% (1,933 sq. ft.) Proposed: 26 ft. Proposed: 32.1% (2,488 sq. ft.) Deficient: 4 ft. Excess: 7.1% ( 555 sq. ft.) The property is located on the north side of Ross (38906) between Norman and Adams be granted for the following reasons and findings of fact: City of Livonia, Zoning Board of Appeals Page 10 of 11 July 26, 2011 1. The uniqueness requirement is met because the Petitioner has a hardship due to the special needs of an adult son that lives in this home. 2. Denial of the variance would have severe consequences for the Petitioner because there is a hardship and the addition will make an improvement to the way of life for Petitioner’s special needs son. 3. The variance is fair in light of its effect on the neighboring properties and in the spirit of the Zoning Ordinance because there is neighbor support. 4. The Board received five letters of approval and no letters of objection from neighboring property owners. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because the property is classified “Low- density Residential” under the Master Plan, and the proposed variance is not inconsistent with that classification. FURTHER, that the variance be granted with the following conditions: 1. That this addition be constructed as presented to the Board. 2. That once construction commences it needs to be enclosed within 90 days. 3. That the variance is good for one year. ROLL CALL VOTE: AYES: Aloe, Sills, Caramagno, Duggan, McCue, Pastor, Henzi NAYS: None Henzi: The variance is granted. I will read those three conditions one more time for you. You have to build it according to the plans that you have submitted. Once you commence construction you have to enclose it within 90 days and it is good for one year. That doesn’t mean that it expires in one year, it means you have one year within which to complete construction. Good luck to you. Representative Hahn: Thank you, thank you very much. City of Livonia, Zoning Board of Appeals Page 11 of 11 July 26, 2011 There being no further business to come before the Board, the meeting adjourned at 7:25 p.m. _________________________ SAM CARAMAGNO, Secretary _________________________ MATTHEW HENZI, Chairman /hdm