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HomeMy WebLinkAbout08-23-11City of Livonia, Zoning Board of Appeals Page 1 of 32 August 23, 2011 ZONING BOARD OF APPEALS CITY OF LIVONIA MINUTES OF A SPECIAL MEETING HELD AUGUST 23, 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 August 23, 2011. MEMBERS PRESENT: Matt Henzi, Chairman Toni Aloe Sam Caramagno Ed Duggan Betsy McCue Craig Pastor Robert Sills MEMBERS ABSENT: None OTHERS PRESENT: Michael Fisher, Assistant City Attorney Scott Kearfott, 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 member Board. Seven members were present this evening. The Chairman asked if anyone wished to be heard by a full Board and no one wished to do so. The Secretary then read the Agenda and Legal Notice to each appeal, and each Petitioner indicated their presence. Appeals came up for hearing after due legal notice was given to all interested parties within 300 feet, Petitioners and City Departments. There were 9 persons present in the audience. ______________________________________________________________________ (7:05 #1/150) APPEAL CASE NO. 2011-08-40: Robert Sandau, 16080 Hubbard, Livonia, MI 48154, seeking to construct an addition to the rear of a non-conforming dwelling resulting in deficient rear yard setback. The existing non-conformity is based on the current rear-yard setback of 45 ft. where 56.4 ft. is required. City of Livonia, Zoning Board of Appeals Page 2 of 32 August 23, 2011 Rear Yard Setback Required: 56.4 ft. Proposed: 41.0 ft. Deficient: 15.4 ft. The property is located on the east side of Hubbard (16080) between Myrna and Camborne Lane. Henzi: Mr. Kearfott, do you have anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for the Inspection Department? Hearing none, will the Petitioner please come to the table? Good evening. Petitioner: Hello. Henzi: You can have a seat if you like. Can you tell us your name and address? Petitioner: Robert Sandau. I have two houses in Livonia. The house is question is 16080 Hubbard. I live at 29900 Greenland currently. Henzi: Okay. Why don’t you tell us about the proposed addition? Petitioner: We’re moving because we don’t have enough room in the house we currently are in on Greenland. We need a bigger kitchen. This house came on the market, my daughters came in the house, and basically the story was written at that point that we want this house, that I love this room, so and so. The kitchen – the couple when they built the house was a galley kitchen so very – it’s a very narrow kitchen. I mean literally not much more room in the kitchen area for walking than what this table is. The house is a post and beam construction house. There’s really – the only place I can expand the kitchen is to go out the east wall and that’s the long and the short of it. Henzi: Is your builder here? Petitioner: I’m doing the work myself. Henzi: Oh, you are? Okay. Tell you tell us about the building materials, you know, is it – the siding will match or the shake siding will match the center? Petitioner: The man that built the house, Ed Crowley, when I bought the house from him I made him a commitment. If you were ever to see the house, it is such a unique house. I was the first person that walked into the house and actually knew what it was when I came in. It’s a passive solar post and beam constructed house. I made him a commitment that I would follow through with the spirit of his house. Its aluminum siding. The walls are constructed with the 2 x 8’s instead of the normal 2 x 4’s. The rafters on the house are 16 inches instead of the standard eight inches. I mean, virtually City of Livonia, Zoning Board of Appeals Page 3 of 32 August 23, 2011 everything in the house is a very unique structure and everything that I am going to do to it will match what is there. I mean, it has to flow in order to look right. Henzi: Okay. As you know, you are here because there is a non-conformity. Can you explain why you can’t build out on some other portion of the lot? Petitioner: To the west there are power lines and, of course, I knew none of this when I purchased it. To the west is why the original variance was granted is because there is a power line easement. So, the house was positioned on the property so it would collect the most optimal amount of solar energy through the winter months. You can’t go to the north the garage and the front yard is there and it’s just literally – if you were ever, if you were in the structure, I think it would be very apparent as – there’s only one direction to go and that is out the east wall. It’s all on a second floor. The house is built into the side of a hill. So, the main level when you walk in from the front it looks like a really small house and when you walk in it’s like living in a tree house basically. So how to best explain it would be, it’s built into the side of a hill and like on the corner of a hill. It virtually can’t go in any other direction. Henzi: Okay. Any questions for the Petitioner? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: I’m looking at your pictures here, what you’re going to build is just one story or is it -- Petitioner: Just one story. Caramagno: Just one story out. Is there living area below it? Petitioner: No, no, in order to put – because it is built in, like I said, the corner of the hill I have to almost put in - the foundation will be similar to a basement. I have to put the same type of structure as I would to have a basement. Caramagno: So, you have to pour the foundation to support. Is it going to go out over into the ravine? How far is it going to go? Petitioner: No, it’s actually, it’s actually I think about 16, 18 feet this way and 8 foot out. Caramagno: It’s 16, 18 feet long and then 8 feet out towards the woods or the valley or ravine or whatever that is. Petitioner: Towards the – well, the ravine is to the south. Caramagno: Doesn’t it drop to the east as well? Petitioner: Yes, it starts to drop out City of Livonia, Zoning Board of Appeals Page 4 of 32 August 23, 2011 Caramagno: Yeah, it starts coming down to – Petitioner: It starts to drop out. Caramagno: Okay. And what will that allow you to have a kitchen size of once you do that? (Unidentified): 170 square feet. Petitioner: Yeah, with the pantry and the mud room. Caramagno: Do you knock the existing wall out? Is that what you do, you knock the existing wall out and just add on, make it a little larger? Petitioner: Correct, yes. Caramagno: What is to the east of you there? There are woods down there but what else is there? Is there anything else back in those woods? Petitioner: It is a half mile of basically land-locked woods. Caramagno: Okay. Petitioner: The people that own the property to the east are all on the other side of the river on Myrna. Caramagno: Okay. I thought so. And then the one - the new subdivision behind you – Petitioner: Would be to the north of me. Caramagno: To the north of you. Petitioner: I guess would be in my front yard the way the house sits back and the woods. Caramagno: Okay. Thank you. Henzi: Any other questions? I thought of one. I’m looking at your plan the shake siding, that’s going to match what exists I presume? The same with the shingles? Petitioner: Yes. Henzi: Anything else? Caramagno: Mr. Chair? Henzi: Mr. Caramagno. City of Livonia, Zoning Board of Appeals Page 5 of 32 August 23, 2011 Caramagno: As I look at the picture, will it have access to the deck that’s there now? How does it relate to that – Petitioner: The deck currently wraps around – comes right up and you can walk from that walkway around to it and get it. Caramagno: Okay. Petitioner: Basically, the wall is going to come up and kind of cut off that corner. There’s access to the deck from the, what would be the, I guess you could call it the back door. One of the back doors, there’s two back doors, but one enters off the solar chamber up to the deck which would be on the north, excuse me, on the south side of the house. Caramagno: I don’t have any other questions. Henzi: Mr. Sandau, I forgot to ask you. You said that you own two homes. Did you buy this house contingent on getting Zoning Board Approval to build an addition? Petitioner: No. Henzi: Okay. But you bought it recently? Petitioner: I bought the house. When did we close? Mrs. Sandau: February. Petitioner: February. I haven’t spent the night in it yet. My daughters everyday, Dad, when are we going to be in our new rooms? Henzi: Okay. Petitioner: But no, it was the one thing. Like I said, the kitchen just – we were just going to put new cabinets in the kitchen and the general consensus between my wife and daughters and I had to agree. My wife said I don’t want to hear two years from now, God, we should have made the kitchen bigger which really made sense. It just was so small and putting new cabinets in just – there was no room for a dining table the way it currently sits there was just two people in the house. That was the one thing that we didn’t see it to be a problem other than it was going to cost me more money and a lot of work to make the kitchen bigger to put an addition on it for that. Henzi: Okay. Any other questions? How many people will reside in the house? Petitioner: Four of us. Henzi: Okay. Your application says you have a large family, you mean, larger than the previous owners? City of Livonia, Zoning Board of Appeals Page 6 of 32 August 23, 2011 Petitioner: Yes. We pretty much anticipate that mother-in-law, father – is going to be moving in. They’re pretty – I don’t want to say elderly, but I’m 56 so you can imagine how old my parents are and my wife’s parents are. Henzi: Okay. Any questions? Is there anyone in the audience who would like to speak for or against this project; if so, come on up to the table. Raymond: I’m John Raymond. I live on Plymouth Road, 38005. I recently retired from the Building Department for the City of Livonia and I have been working with Bob on his house and the reason I have been is because Ed and Wendy Crowley asked me to work with him because it’s a very unusual house. It is post and beam construction which you just don’t cut into and start pushing stuff around and making things work differently like you would on a stick house. I have known Ed and Wendy for several years. In fact, I’ve known Ed for quite a few years because he was the project manager/superintendent for the City of Livonia on the rec center and on the ice rink. And I was the inspector of record on both. Unfortunately, his health went and that’s the reason that put him selling the house. But because I knew him and I knew the house and I knew how he operated very well, he asked me to help out and that’s the reason for my being here. I’ve been working on Bob with this and trying to work this thing so that it will work out for his family. Ed and Wendy didn’t need a large kitchen. They just had a little short galley kitchen, refrigerator, stove, sink and a small counter and that was it and that suited their purposes. But obviously with a family, they are not going to be able to do it. The building that is going to be constructed on this is on the east side facing the woods. It is not going to go down in the valley and it’s only going to be one story. Unfortunately like you said, there is going to have to be a foundation put down deep enough to bring it up to carry the load on that. It’s all going to match when it’s done, you won’t notice that there’s an addition. The intent was to keep the house looking exactly the way it is now. If you look at the other end of the house, it looks like a bump out on that side. So, the house when you look at it from the front, it’s going to look balanced instead of having a big section sticking out on one end and not on the other end, but it will more fit their needs as a family rather than what – it was more like a Holiday Inn kitchen shall we say, you know what those are like. Okay. That’s what was in there and that’s why the reason for the request for the variance and I agreed to help him with this so we could get it through and get it done in good order. Okay. Henzi: Thank you. Raymond: If there are any questions, I have a lot of pictures that I took of this existing and if anybody would like to look at them showing what the property looks and exactly where the -- I know Scott took some too. I took quite a few more if that helps you. Those pictures are marked on the right side for north, south, and east. Okay. Henzi: Okay. Any questions for John? Is there anybody else who wants to speak for or against the project; if so, come on up. Bennett: My name is Robert Bennett. I live at 32210 Myrna. I’m down here for really two reasons. One, I like coming down here to say hello to the people I haven’t seen for a long time and get re-acquainted maybe, but also to support a new neighbor. I’m not City of Livonia, Zoning Board of Appeals Page 7 of 32 August 23, 2011 quite abutting the property that Robert and Lisa own to the south, but I’m to the south. And I’m quite aware of all that went on with this property when it was first conceived by the Crowleys. They bought a lot that was undersized that did not meet the zoning requirements. They were required to add to that and they bought property from the property immediately south on the corner of Hubbard and Myrna three doors from where I live. And then it became the lot that you have now I think it’s close to three acres. Almost everybody in that area has a two-acre plus lot. I really support what they are doing. I understand why they are doing it. I have been in the Crowleys’ house more than a few times. In fact, it’s a very unique home in Livonia. It was built as a solar home, never really quite accomplished that but he’s been on the Christmas house walk twice and I think that is how Mr. Sandau got acquainted with the place. A lot of people were always intrigued and I fully understand their circumstances with a young family they need more space. So, I highly endorse what they are trying to do and I don’t believe there to be anybody in our neighborhood that would be offended by that. Henzi: Thank you very much. Bennett: Thank you. Henzi: Anybody else? Petitioner: I just met him for the first time honestly. I voted for him before, but I never met the man. Henzi: Mr. Sandau, is there any – hang on. There are no letters, right? Is there anything you would like to say in closing? Petitioner: No. If I can’t build a bigger kitchen, I’ll end up having to close it up and sell it and I’ll move out of the City. I mean, that’s the long and the short of it. We were moving from the house we are in currently because it was my bachelor house. I was a bachelor for a really long time and I have two daughters that are paying me back for being a bachelor for a long time. But the house I currently am in is only a two bedroom house. It’s a very nice house on a very nice piece of property that I have put a lot of effort into, but we were looking to move out to South Lyon. We found this property. It keeps my kids in the same school district. I mean everything in the world works for us except for that part of the house. It seems crazy to spend as much as I spent on the house, but when my daughters walked in the rooms and picked them – like I said, the choice was made. If you were in the house, you would see why. It’s a very unique place. Henzi: Thank you. I’ll close the public portion of the case and begin the Board’s comments with Mr. Sills. Sills: Well, I’m coming in on kind of a late stage on this, but from what I can see of the home, it’s not going to affect any neighbor whatsoever. And back here is just woods and the addition would never even be seen from the street and it is going to suffice as far as giving you additional space that you require. What are you going to do with your original home? City of Livonia, Zoning Board of Appeals Page 8 of 32 August 23, 2011 Petitioner: If I can’t sell it, I’m going to rent it out. Sills: I see. I was just thinking because of the poor market that we have today I just wondered what you planned on doing with that. I don’t see any problem with your proposal. In fact, I think it is well thought and I can understand though the only direction you can go is east. As you mentioned, there are power lines to the west and it’s just not feasible to go in any other direction but east. So, I will be in support of this project. Henzi: Mrs. Aloe. Aloe: I will also be in support. You know, when you think about a piece of property that’s 2.95 acres it is hard to visualize that it would have a rear-yard setback deficiency. So, I guess that’s the uniqueness right there is the lay out and where they put this home, but I agree with Mr. Sills, I mean, there is no one who is going to be affected by this deficiency and I will be in support. Henzi: Mr. Caramagno. Caramagno: Yes, it’s a unique property and a unique home and it’s not for everybody. The home has found someone that wants it and when you find a home you want, you want it to be right and a kitchen is a huge thing in any home. It’s probably the most used room in the house. I think it’s reasonable to want what you want especially when it’s not going to affect anyone. It’s just – the birds are going to look at it, the squirrels are going to look at it. So, I think it’s a great idea. It seems like a great plan. So, you’ve got my support. Henzi: Mr. Duggan. Duggan: Yes, like it’s already been said you’re getting a really unique property, really big, and you can’t see it off the street. I walked around your property the east is really the only place you can go so I agree with that. The other plans look great. I will be in support. Henzi: Mrs. McCue. McCue: I agree. You guys have thought it out. The property is beautiful and I think even the logic of going in and remodeling a kitchen without taking a look at making some adjustments that you’re going to need even now and in the future. It only makes sense that you do that so I am in support as well. Henzi: Mr. Pastor. Pastor: I will be in support of this. There’s only 11.4 deficiency in the setback four more feet I don’t see how it will affect anything anywhere so I will be in support. Henzi: So will I. The telephone line’s making moving it anywhere else impossible. I’ve noticed this home for a long time. It’s very unique, but what I like about your plan is that I think when you’re finished it will look as if it were built this way from the beginning and City of Livonia, Zoning Board of Appeals Page 9 of 32 August 23, 2011 I appreciate your efforts in trying to blend in the addition to balance out the entire home. So, the floor is open for a motion. Upon Motion by Aloe, supported by Sills, it was: RESOLVED, APPEAL CASE NO. 2011-08-40: Robert Sandau, 16080 Hubbard, Livonia, MI 48154, seeking to construct an addition to the rear of a non- conforming dwelling resulting in deficient rear yard setback. The existing non- conformity is based on the current rear-yard setback of 45 ft. where 56.4 ft. is required. Rear Yard Setback Required: 56.4 ft. Proposed: 41.0 ft. Deficient: 15.4 ft. The property is located on the east side of Hubbard (16080) between Myrna and Camborne Lane, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because of the large piece of property with a house that is already setback to the point where it has a small deficiency on it. 2. Denial of the variance would have severe consequences for the Petitioner because Petitioner wants to improve the home for his family including improving the kitchen which is too small. 3. The variance is fair in light of its effect on neighboring properties and the spirit of the Zoning Ordinance because these changes will not affect any neighbors and, in fact, the Petitioner does have neighbor support. 4. The Board received four (4) letters of approval and no objections. 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, This variance is granted with the following conditions: 1. That this addition be constructed according to the plans that were submitted to the Board 2. That the addition be completed within ninety (90) days following commencement of construction. 3. The variance is good for one (1) year. City of Livonia, Zoning Board of Appeals Page 10 of 32 August 23, 2011 ROLL CALL VOTE: AYES: Aloe, Sills, Caramagno, Duggan, McCue, Pastor, Henzi NAYS: None Henzi: The variance is granted with those three conditions. I will read them one more time. You have to construct the addition as you presented in your plans tonight. Once you commence construction you have to enclose that within 90 days and then it is good for one year. That doesn’t mean it expires in one year that means that you’ve got one year within which to complete the construction. Good luck to you. Petitioner: Thank you. City of Livonia, Zoning Board of Appeals Page 11 of 32 August 23, 2011 ______________________________________________________________________ (7:30 #1/839) APPEAL CASE NO. 2011-08-41: Cheryl Evans, 9867 Stark, Livonia, MI 48150, seeking to construct a rear porch enclosure resulting in deficient rear yard setback and excess lot coverage. Rear Yard setback Lot Coverage Allowed: 30 ft. Allowed: 25.0% (1,800 sq. ft.) Proposed: 25 ft. Proposed: 33.2% (2,392 sq. ft.) Deficient: 5 ft. Excess: 8.2% ( 592 sq. ft.) The property is located on the west side of Stark (9867)) between Pinetree and Richland. Henzi: Mr. Kearfott, anything to add to this case? Kearfott: Not at this time. Henzi: Any questions for the Inspection Department? Hearing none, good evening. Petitioner: Good evening. Henzi: Can you tell us your name and address? Petitioner: Cheryl Evans, 9867 Stark Road, Livonia, temporarily at 17250 Fox Drive. My home did burn down last Thanksgiving and that’s part of the reason why we thought this might be a good time to put an addition on and there were a few reasons for it. Is it okay if I sit? Henzi: Sure. Petitioner: Okay. We have been at the home for 11 years and absolutely love it. We work for the Livonia Schools. Definitely Livonia people. My daughter is going to be 19 next week. She has pretty severe autism. She is also part of the Livonia Public School District. Sorry, somehow I feel a little nervous, but we love the house, we love the neighbors. We have a deck and it faces west. It is really, really difficult to use in the summer. We did put an awning out, but it’s just extremely warm. We used to have a sun room when I lived in Missouri. I absolutely love it. I think it would be a great place. Jamie has a lot of occupational therapy and physical therapy and it would just be a great place to do that. She also – people with autism have high anxiety, a little form of depression. It’s kind of – it would be very beneficial for her plus I just love sun rooms. The winter as we all know gets pretty long and, you know, having had a sun room before I just love it when it’s really cold out to be able to come home and just sort of pretend that you’re outside. Henzi: Can you tell us why you came up with these dimensions? For instance, did you just measure out an existing patio or the deck? City of Livonia, Zoning Board of Appeals Page 12 of 32 August 23, 2011 Petitioner: It’s a little bit smaller than the deck that’s there. It just makes for a nice size room. When we looked, I looked at quite a bit of sun rooms and various models and I would stake it out and it just seems like it would be a really nice size room to do the various exercises that she does with her therapist and it just seems like a nice size room. I’m not real technical. Henzi: You went to a sun room builder, right? Petitioner: Yes, to several. Henzi: And they helped you design it? Petitioner: Definitely. They have very nice models. It’s a pretty, it’s probably – beautiful windows, it’s tinted. I’m not very technical I just know that I really like it and I think our family – my mother also lives with me most of the year. She’s getting quite a bit older. She also has scleroderma. So a nice warm room – she’s pretty excited about the possibilities of that, too. Henzi: What else will you use the room for and what I’m getting at is, is this going to be a three season room? Petitioner: It’s going to be a four season. Henzi: Okay. Petitioner: Yes. I will probably live in the room. I just love being out doors. I hate being cooped up. Like January, February it starts – I just love being out. I would just love it. Like I said, I’ve had them before - plant some nice plants out there and a little herb garden and just have a nice family room. Henzi: Okay. Any questions for the Petitioner? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: You’re going to eliminate the entire wooden deck that you have now? Petitioner: Chip is more of the technical guy. I believe they are going to leave the sides so when you walk out you have a mini deck I think that’s going to be about six foot unless you guys – Sills: All right. So, you’re going to eliminate most of the deck. Petitioner: Yes, sir. Sills: Okay. That was my only question really. City of Livonia, Zoning Board of Appeals Page 13 of 32 August 23, 2011 Petitioner: Okay. Aloe: Mr. Chair. Henzi: Mrs. Aloe. Aloe: To the Petitioner. What room is existing that this is going to go off of? Petitioner: The living room. Aloe: Okay. So, that’s your living room and then will this be closed off or is there a way to close it off from your living room, or is it just going to be open? Petitioner: There’s a sliding door – the sliding door is there now that would go out on the deck so we would still have a sliding door for the room. It’s going to have its heater. Aloe: So, you could close it off if you wanted to. Petitioner: Certainly, yes. Aloe: Okay. All right. So, there is an existing sliding door there and you are leaving that there? Petitioner: Yes. Aloe: Okay. Thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: This is to the building department. This is only 216 square feet. How do we already have an oversized house on the lot or I don’t see anything that there is a variance for that house to begin with. You’re telling us the excess is 592 ft. This addition is only 216. How did the house get built on a lot like that then? Kearfott: I’m not sure. I don’t know. Pastor: Okay. Thank you. Petitioner: The house was built by the Livonia Public Schools. I don’t know if that’s pertinent or not. Pastor: That could be. Thank you. Henzi: Craig, did you calculate then what exists now? City of Livonia, Zoning Board of Appeals Page 14 of 32 August 23, 2011 Pastor: I just took the square footage off of the addition and they’re saying the excess is 592 ft. So, obviously we have a little difference here. Henzi: Right, 300 some feet. Any other questions? Mrs. Aloe? Aloe: I have a question. Pastor: The house is over 300 square feet bigger than – if they don’t put the addition on they’re already 300 some odd square feet over. Aloe: The lot coverage you mean? Pastor: Right. Aloe: It’s already a nonconforming -- Pastor: Right, 370 some odd square feet over. Aloe: Okay, thank you. Henzi: Mrs. Evans, when I drove by there were pieces of the privacy fence that were down. Petitioner: Yes. Henzi: Do you have a contractor in the middle of putting that back up? Petitioner: I’m working with Aaron Builders and they are going to put in a new fence because of the damage done. Henzi: Because of the fire? Petitioner: Yes, yes. Henzi: Do you propose to have heat in the addition? Petitioner: Yes, I will have heat and air. Henzi: Okay. Do you understand Mr. Pastor’s point? Petitioner: Yes, unfortunately, I do. I’ve been there since 2000. I had no idea. I don’t know – I hope that doesn’t hurt my chances. Henzi: Are you the first owner? Petitioner: Yes. Honest, when mom and I had been talking about putting in a sun room, I didn’t even know what a variance was so it’s not something I ever studied. City of Livonia, Zoning Board of Appeals Page 15 of 32 August 23, 2011 Henzi: Any other questions? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Ma’am, I am looking at your pictures here, its showing what I believe are windows and a slanted roof. Is that a shingled roof, it’s a shingled room not a metal roof? Petitioner: Are you talking about my house? Caramagno: No, I’m talking about on your addition, on the sun roof addition. Is that a metal roof and a shingled roof? Petitioner: Do you mind if Chip answers, he’s the contractor. Caramagno: No, no, he can answer the question. Petitioner: He’s the contractor. Hall: If it pleases the Board, my name is Jim Hall. I am president of Temo Sun Rooms. We are adding 12 x 18 – we would like to add a 12 x 18 sun room addition. This is what we consider an extended season room. It will have its own isolated heating system in there. It will not be connected to the house, it’s a stand alone. The room will be isolated from the house, it will have a thermal barrier door system so we are not opening it up to the house itself. I know that was a question that was asked. It does have a metal stresskin panel roof, it is not shingled. If the homeowner would require it or ask it, it can be done. It does not require it, but it would be basically just for aesthetic purposes. She has not requested that at this point. Caramagno: Okay. And tell me about what I see down there that is cinder block – what is that? Hall: We are removing the existing deck and we are going to put in a full 42 inch foundation and to bring it up to – she wants it to be walk-out level, so we would have to bring it up three blocks high to have a continuous walk out. There will be steps down from there. Caramagno: Okay. So you’re going to see cinder block then that will be above the grass up to the main floor – that’s not covered with anything? Hall: It’s not covered at this point. If required, we can, but it’s not done at this point. Caramagno: Okay. These windows that I see, is one of these a door wall that I’m looking at here, the tall one in the top of picture one, is that a door wall? Hall: Yes, that is a door wall 6 ft. City of Livonia, Zoning Board of Appeals Page 16 of 32 August 23, 2011 Caramagno: And is there a proposed deck to come off of this. Hall: There is an existing deck right now we may marriage up to that existing deck. If it requires, we would then put steps down, but yes, we would be required to have steps down from there. Caramagno: In looking at this picture one, this is looking at the addition from the north? Hall: I’m sorry, I’m trying to figure out – Caramagno: I don’t know if you can see it or not, or come around here. Hall: That would be from the back fence out, I’m not sure of the direction of it. Caramagno: From the north? And how about the one from picture three was that taken from the south then? Hall: That would be north – no, that would be west I believe at that point. Caramagno: They look like mirror images almost. The heat pump, is that something that’s inside the room? Hall: It is actually on the outside of the room and the grate is on the inside. Caramagno: So, this is on the outside. Does it sit on a slab or something? Where does it sit? Hall: It sits on a resting device. It basically cantilevers off that. Caramagno: Like a metal shelf or something? Hall: Yes, very much so, yes. Caramagno: Is it weathered -- Hall: Completely weathered, yes, it’s a Mitsubishi unit. It’s basically – Caramagno: I’m talking about the shelf that it sits on. This is not something that’s going to rust after so many years? Hall: No, no, no, no, no, no. Caramagno: Is it loud? Hall: No, very quiet. Caramagno: Is it like an air conditioner in the summer? City of Livonia, Zoning Board of Appeals Page 17 of 32 August 23, 2011 Hall: Yes, it a type of an air conditioner. It’s a heat pump basically. It doesn’t work the same as an air conditioner. I’m not an HVAC guy, but they’re a very quiet unit. It’s not like the neighbors are going to hear this unit going on and off. Caramagno: Okay. And the windows across the back, I’m assuming the back on picture two here. Hall: Yes, those are ¾ inch IG units or insulated glass units with argon gas build with Low E. Caramagno: Okay. That’s all the questions I have for right now. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Just to clear up the heat pump. This heat pump is something that you might see in a hotel room? Hall: Yes, very much so. Exactly, it’s the same looking unit. Pastor: So, how far does it protrude from the structure? Hall: About a foot and a half. Pastor: Okay, thank you. Hall: Okay. Henzi: I have a question about the proposed cinder block? Hall: Yes. Henzi: Tell me what that’s going to look like because when I think of cinder block, I think we might see in the industrial corridor not in the neighborhood. Hall: It is the same as any kind of residential foundation where it’s exposed above ground either you’re going to have cinder block or you’ll have concrete one of the two, but it’s basically the same. It can be painted or you can use a decorative block if the homeowner required it to be or asked it to be. Henzi: What kind of decorative like split face or – Hall: Yeah, the chip split face would be – this room is a sandstone kind of a clay color, you’d use something in that nature color to match up with it. Henzi: Any other questions? City of Livonia, Zoning Board of Appeals Page 18 of 32 August 23, 2011 Caramagno: Mr. Chair. Hall: Sorry, the homeowner originally wanted to go with a 14 x 18. When we discovered the setback variance and the lot usage, we kind of said we can tone it back a little bit and go to the 12 x 18 to just to try and help fit. Henzi: Mr. Caramagno. Caramagno: Is there a crawl space underneath there? Is there going to be a door – Hall: There will not be a crawl space underneath there. It will be vented, but it – no, I’m sorry, this will not because this is on a slab so it will not have a crawl space. It will be backfilled with sand. Caramagno: Thank you. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: Let’s go back to that cinder block. I’m looking at pictures of the house. Hall: Okay. Pastor: And I will assume there’s a poured wall there or cinder block wall on the basement and they sided all the way down to the ground. Hall: Okay. Pastor: I guess I’ll ask the homeowner, would you have a problem if we asked you to side. Petitioner: Not at all. Pastor: To make it match the rest of the house. Hall: Would you go siding or would you go a decorative block? I think the decorative block would be much more attractive in that nature, siding kind of patches in. Pastor: I’m just trying to make it look like the existing house, but I guess I could leave that up to the rest of the Board. That’s all I have. Henzi: Any other questions? Hearing none, is there anyone in the audience who would like to speak for or against the project? If so, come on up. I see no one coming forward, can you read the letters? City of Livonia, Zoning Board of Appeals Page 19 of 32 August 23, 2011 Caramagno: Pamela M. McManman [9864 Laurel] approves (letter read). David Little and Susan Sica [9864 Stark] approves (letter read). David Harris at [9916 Laurel] writes an objection (letter read). Bennett: Do you mind if I sit down here? Henzi: Sure. Bennett: I didn’t come here to make a speech but only to meet my new neighbors and to let you know that I was concerned. But I’m listening to this case and I haven’t talked to this Board in a long time, but I come here with a great deal of experience having served on the Zoning Board of Appeals from 1967 to 1970. When the attitude toward development in this community was significantly different than it is today. We protected the lot coverage to the nth degree we insisted on basements, we insisted on brick at least to the belt line, all kinds of things. But over time there has been a lot of change in our community, our total environment and our in economy. As time has gone on, I have taken a whole different attitude toward density. The day of the large lot like I have and Bob here has is probably gone. With the economy and the housing situation being what it is people are no longer moving to a bigger place, they find it necessary to stay and make the house they are in more to their suiting. I highly recommend to the Board, Planning Commission as well if they were here, that we have to take another look at how we consider density and lot coverage and probably do everything we can to make the Mrs. Evans’ of the world successful in what they do. I think your challenge is going to be to make sure that the house is constructed properly, that it is electrified properly, that it will meet all of our codes and that how it’s constructed will meet their interest. So, I would encourage you where ever you go in this future that we take a look at what we’re doing in a different light than we have historically done in the City of Livonia. My only question for Mrs. Evans would be I’m not convinced that the heat pump is the way to go. I would ask this Board to make sure that their department examines the builder’s proposal to make sure that she gets an effective heating plan there and one that will serve her for a long time. I recently installed a heat plan with a whole new system – I’m not using the right term – a heat pump. I put in a new furnace, a new water heater and a new air conditioning with a heat pump. So far when one season has experienced the heat pump I’ve not been happy with, but I may not be operating it right. So, that would be my only concern with Mrs. Evans proposal, not to object, but to make sure she gets what she needs on this addition. Henzi: Scott, I’ll ask you to that point. I don’t remember seeing a heat pump as part of a proposal, but is that something that you see in the building department and if so, do you think that’s appropriate. Kearfott: Truthfully, I don’t get out into the field doing inspections. I am mainly on the ordinance end of it so I can’t answer that to your satisfaction. Henzi: Okay. Bennett: I’m not saying what she is doing is wrong. I’m just saying let’s make sure for her sake that she gets what she needs. Her contractor can comment on what I’m City of Livonia, Zoning Board of Appeals Page 20 of 32 August 23, 2011 saying and maybe set me straight and I hope he does, but that’s my only concern here for her. Petitioner: Thank you very much. Henzi: Mrs. Evans, should we have your contractor come up and explain to you and to us how the heat pump works and whether it’s appropriate. Petitioner: I just wanted to say the house everything is new and Livonia inspectors are making sure that everything is built well. I feel a little bit inept because I’ve learned so much this past year it’s just I’ve never had to do anything like all this stuff so I’ve actually been contemplating probably more on the house than on all these technicalities with the sun room, but I’ve certainly been happy, you know, with them. Do you mind explaining? Hall: Yeah, the heat pump system – we’ve installed it on a number of units both smaller and larger than this one. They have worked efficiently. They are a stand alone unit so that when Mrs. Evans does not want to heat that room, she’s allowed to turn it down and turn it back up and not waste energy because it is a glass room. I mean, it’s not the most efficient area, but you can turn it down or you can turn it up. It allows her that control and it also doesn’t draw on the house furnace so she wouldn’t have to make an investment into a larger furnace system. We have never had any issues to date. Temo is a manufacturing nation wide. We distribute rooms throughout the United States. This has been one of the recommended sources of heat throughout the country. We’ve never had a whole lot of issues in the thousands of units that we have placed throughout the United States. So, I’m comfortable as the contractor placing this in the house and knowing that I’m not going to have to go back because of a service issue or she’s just not satisfied. That’s about the best sales pitch that I can make. Henzi: This is the mode of heat that Temo typically installs when somebody wants to heat a sun room? Hall: One of two ways. We either go with electric baseboard heat which is not the most efficient. It is very dry and it does do well within those rooms, but if somebody wants to add a little of the additional cooling through the heat pump, then we recommend that that would be used as opposed to any other units. You don’t want to bring – the only other option is a portable air conditioning unit – not very attractive, it’s loud, it doesn’t work real well and you can’t bring it in from the house furnace because you just don’t want to bring that type of air into these rooms. You want to control that environment and this allows you to control it. Henzi: Okay. Thank you. Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Is that electric or gas? City of Livonia, Zoning Board of Appeals Page 21 of 32 August 23, 2011 Hall: It’s electric. Caramagno: It’s an electric. Hall: An electric unit, yes. It will require 220 hook up. We have licensed electricians that place these units in the room. Caramagno: Is it efficient? Hall: Yes, very efficient. Caramagno: Electric heat is efficient. Hall: In the heat pump sense. I mean, if you have a heat pump in your house, it does work basically on drawing the air from the outside and bringing it in. It is the most efficient type of unit that you can use within these small, these small areas. Caramagno: Okay. And one other question. This is a metal roof. Hall: Yes. Caramagno: On this which is going to be a four season room it sounds like. Hall: Yes. Caramagno: Is the roof insulated? Hall: Yes, the metal roof is what we call stresskin laminated panel. It is 032 aluminum and its got 4 ¼ inches of EPS foam and then it’s got aluminum on the inside. It is both tested structurally and as far as its insulation. It’s a thermal roof because it basically it tongue and grooves so there is no air leakage, there’s no (1389) splines for heat to get out or cool to get out. It is probably the most efficient 100 percent thermal bond that you can have on that roof. Caramagno: Is it loud when it rains? Hall: A little bit. Yeah, to be a little bit honest. Caramagno: Loud to Mrs. Evans or loud to the neighbors. Hall: Loud, probably to Mrs. Evans. The homeowners, nobody next to them are ever going to hear it, but you hear the rain through that roof. The only other way to dampen that would to be a shingle roof on top and that will dampen the sound inside, outside you won’t hear any difference. It’s not like that tinny sound like you hear on that single spin aluminum, not that way at all. Caramagno: Okay, thank you. City of Livonia, Zoning Board of Appeals Page 22 of 32 August 23, 2011 Hall: Sure. Henzi: Any other questions? Aloe: Mr. Chair, I have one. Henzi: Mrs. Aloe. Aloe: Don’t you have a privacy fence around your – Petitioner: Yes. Aloe: Is it all three sides? Petitioner: Yes, it’s a solid plastic. I’m not sure – the fence that we had because of my daughter we have a lot of safety features on the house. Aloe: Thank you. Henzi: Anything else? Mrs. Evans, you have the opportunity to make a closing statement; is there anything else you would like to say? Petitioner: I throw myself at your mercy. No, I appreciate your time, I appreciate your consideration and it certainly would make it nice for our family. Thank you. Henzi: I will close the public portion of the case and begin the Board’s comments with Mrs. Aloe. Aloe: Well, I will be in support. First of all, I think the Petitioner does have a uniqueness and a hardship just – it’s her family exists and the needs of this family. I certainly wouldn’t hold it against her because whoever built the house didn’t have the right dimensions on it. She didn’t even know she was already over. I think that’s terrible, but anyway, and as far as the deficiency, yes these are smaller yards, but her yard is completely fenced in with a vinyl fence. I can’t see that it’s going to affect anyone except give her and her family pleasure. So, I will be in support. Henzi: Mr. Caramagno. Caramagno: Well, when I first looked at the proposal went out there I thought things are starting to get a little tight in that area. But it’s not a decision I can make without listening to your hardship reason and now I’ve heard that. It is getting tight, but it seems like you really need the space. The plan that you have submitted here today is an okay plan. I’d like to see it be a little bit better. You just basically rebuilt a house here and you’re going to put a metal building on the back of a rebuilt home and at a minimum I would like to see no cinder blocks exposed. Cinder block becomes painted and the paint comes off and the next thing you know it looks not so good. So, I’d like to see something either brick on top of that cinder block, or vinyl sided like Craig suggested. City of Livonia, Zoning Board of Appeals Page 23 of 32 August 23, 2011 My personal opinion I’d like to see a shingled roof, but I don’t think that will hold up, but I’d like to see at least the bottom done with a better finish. Henzi: Mr. Duggan. Duggan: Yes, it is a tight squeeze, but you have a small lot and this is what you want. You have a hardship with your daughter. I will support it, this is what you want. Henzi: Mrs. McCue. McCue: I agree. The yard is small, again going back to what the original comment was, it was not necessarily your fault, but some of the measurements maybe weren’t accurate right from the beginning and I think again like we’ve said this is special needs and I think that would be a great addition to your house. Henzi: Mr. Pastor. Pastor: It is small and my fear is we have a lot more cases similar to this come in and request similar situation. And I understand you have a special needs daughter, I really do, but I don’t think I’m going to be in favor of this. Henzi: Mr. Sills. Sills: I think it’s – I don’t see anything wrong with the plan and I think the Petitioner has mentioned that she has had sun rooms before and she certainly feels very positive that this is exactly what she wants and she said her daughter was 19 and she had an autism problem? Petitioner: Yes, she has autism. Sills: Would this addition be partly for her, too? Petitioner: Certainly, she’s pretty severe, she’s non-verbal. She has some physical issues and so we have a lot of therapists come in to help out. I think it would be a great place for her. Sills: I don’t think that the lot coverage is that great here and as Mr. Bennett said we should relax a little bit on the lot coverage. So, I think I will be in support of this. Petitioner: Thank you. Henzi: When I first saw the plan I never thought that I’d approve it because I know that subdivision, it’s very uniform and when I drove by, it is tight and I was fearful that because of the odd shapes of the lots in that area that you’d have backyards extending into side yards, or portions of a house in a backyard extending into side yard. However, tonight I hear of some hardships that I didn’t know about that being an autistic child and also, you know, I don’t think it’s fair to penalize you when the lot coverage was over when you bought the house, you probably never knew that and there was no variance. City of Livonia, Zoning Board of Appeals Page 24 of 32 August 23, 2011 So when you bought the home, there were no records attached that would have told you that if I ever want to build an addition I’ve got to get a variance. So, if you were at the lot coverage and were proposing to build a 216 ft. structure, you’d only be about 1 ½ percent over the lot coverage and given that, I mean, that’s what tips the scales in my opinion and I’m going to vote for it for that reason. I just don’t think it’s fair to penalize a homeowner in that situation and for all the other reasons that the Board said. And then in terms of the finish, I guess I would leave it up to the Petitioner. Mr. Caramagno made some good points about what might look best, but I think that the homes look similar enough in your neighborhood that you will pick whatever blends in color wise and what you feel is best so I don’t want to micromanage your plan. So, the floor is open for a motion. Sills: Wasn’t there a question about 220 power going to that heat pump? Henzi: Yes, Scott, can you – the builder said that he would need 220 for the heat pump. Kearfott: He would need to get an electrical permit and I’m sure the HVAC guy would check it out and the electrical inspector would approve it, you know, as long as it was wired within code. Henzi: That’s just for the heat pump that doesn’t mean she’s going to be operating a 200 sq. ft. lathe in her sun room. Kearfott: No, no, not all. She might be. It’s what the requirements are for the heat pump. Henzi: Right. Okay. Any other discussion? Caramagno: The only other thing I’ve got, Mr. Chair, is I would suggest something other than what was presented with cinder block whether it’s decorative brick or vinyl something other than cinder block because I personally don’t – that will look like hell before too long. Petitioner: I’ll make sure that it looks nice. I honestly didn’t know that detail either, but we’ll make sure it looks really good. Pastor: Mr. Chair. Henzi: Mr. Pastor. Pastor: The only other point I would mention this lot is already overage on its coverage are you going to allow or preclude from building a shed in the future or something like that? Henzi: Oh, yes. Petitioner: That’s fine, but I actually had the shed taken away. I did have a shed and that is gone. City of Livonia, Zoning Board of Appeals Page 25 of 32 August 23, 2011 Henzi: Mr. Duggan, there’s a suggestion to include a condition no other out buildings; is that okay? Duggan: Yes. Henzi: Mrs. Aloe. Aloe: Yes. Henzi: So then, Mr. Duggan, it will be according to the plans if you agree with Mr. Caramagno other than the cinder block and the Petitioner has the option of using a decorative stone or siding; is that – that’s okay? Duggan: Yes. Henzi: That’s okay? Duggan: Yes. Henzi: Mrs. Aloe. Aloe: Or match the house. She could just have it match her house? Henzi: Yes. Aloe: Okay. Henzi: Okay. Any other discussion? Please call the roll. Upon Motion by Duggan, supported by Aloe, it was: RESOLVED, APPEAL CASE NO. 2011-08-41: Cheryl Evans, 9867 Stark, Livonia, MI 48150, seeking to construct a rear porch enclosure resulting in deficient rear yard setback and excess lot coverage. Rear Yard setback Lot Coverage Allowed: 30 ft. Allowed: 25.0% (1,800 sq. ft.) Proposed: 25 ft. Proposed: 33.2% (2,392 sq. ft.) Deficient: 5 ft. Excess: 8.2% ( 592 sq. ft.) The property is located on the west side of Stark (9867) between Pinetree and Richland, granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because of the special needs of the Petitioner’s daughter. 2. Denial of the variance would have severe consequences for the Petitioner because Petitioner has a small lot which would be inconvenient for her daughter. City of Livonia, Zoning Board of Appeals Page 26 of 32 August 23, 2011 3. The variance is fair in light of its effect on neighboring properties and the spirit of the Zoning Ordinance because the lot has a privacy fence and there is neighbor support 4. The Board received three letters of approval and one letter of objection. 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 addition be constructed as presented to the Board with the exception that the cinder block is to be covered with either decorative stone, siding or something to match the existing house. 2. That the addition is to be completed within ninety (90) days following commencement of construction. 3. That no outbuildings shall be constructed on the property. ROLL CALL VOTE: AYES: Duggan, Aloe, Caramagno, McCue, Pastor, Sills, Henzi NAYS: None Henzi: This is granted with those three conditions. I will go over them real quickly. You’ve got to construct it according to the plans except for the cinder block, you’re to use the decorative stone or the siding, or something to match the existing house. It’s got to be completed within 90 days which hopefully is good news for you that means it will be completed quickly. And then no other out buildings which means you can’t construct a shed. Petitioner: Thank you, thank you all very much. I can’t tell you how happy my family is. Thank you very much. We’ll make you proud on this one. Henzi: Thank you. Good luck to you. City of Livonia, Zoning Board of Appeals Page 27 of 32 August 23, 2011 (8:05 #1/964) APPEAL CASE NO. 2011-08-42: Donna Bolling, 9619 Loveland, Livonia, MI 48150, seeking to construct a covered front porch resulting in deficient front yard setback and excess lot coverage. Front Yard Setback Lot Coverage Allowed: 25 ft. Allowed: 25.0% (1.540 sq. ft.) Proposed: 21 ft. Proposed: 29.2% (1,804 sq. ft.) Deficient: 4 ft. Excess: 4.2% ( 264 sq. ft.) The property is located on the west side of Loveland (9619) between Orangelawn and West Chicago. Henzi: Mr. Kearfott, anything to add? Kearfott: No, not at this time. Henzi: Any questions for the Inspection Department? Hearing none, good evening. Petitioner: Good evening. Henzi: Can you tell us your name and address, please? Petitioner: Donna Bolling, 9619 Loveland in Livonia. Henzi: Why don’t you tell us why you want to construct the front covered porch? Petitioner: Well, about 10 years ago we put an upstairs on the house and they put kind of a small peak and then later we had a porch extended out 6 ft. and now we get ice, snow, and it doesn’t look very nice. And my husband just can’t, you know, he can’t handle it any more. So, that’s my plight and it would look so much nicer. Henzi: Yes, when I drove by it looks like you’ve got a neighbor at the corner of West Chicago and Loveland -- Petitioner: Yes, it’s going to be similar to that, not as big as hers. Henzi: But the same idea, right? Petitioner: Yes. Henzi: Yes, okay. Petitioner: And it does look very nice. In fact, I have a picture of another one in the area that’s – this one doesn’t have railings, so it will be more like this one. City of Livonia, Zoning Board of Appeals Page 28 of 32 August 23, 2011 Henzi: Are you going to use the same builder as your neighbor? Petitioner: Well, friends and family, and yes. Henzi: Okay. Any questions for the Petitioner? Sills: Mr. Chair. Henzi: Mr. Sills. Sills: You never intend to enclose this porch; do you? Petitioner: No. Sills: So, it will just be stanchions with the roof over the existing porch? Petitioner: Yes, and railings because we’re of an age we need railings and most of our friends. Sills: I’m not going to comment on that. Thank you. Henzi: Anything else? Caramagno: Mr. Chair. Henzi: Mr. Caramagno. Caramagno: Will that porch come out further than your existing porch now? Petitioner: No. Caramagno: So, it won’t protrude any farther than the existing that’s there? Petitioner: No, I’m not sure about the very top, you know, it might be over a little bit, but it’s on the – I think it’s about 3 ft. We’ve have a 3 foot overhang now and it’s just going to be out another 3 ft. I think or a little over, I’m not sure. Caramagno: Okay. How about the tree in front, will it interfere at all with that tree? Will it get into that tree at all? Petitioner: That tree is going to be trimmed way back. Caramagno: Yeah, it looks like it. Petitioner: Yeah, he’s already started some of that. Caramagno: The only other comment I would have is when I looked at it, I thought well when you do this, you are going to start a neighborhood trend. City of Livonia, Zoning Board of Appeals Page 29 of 32 August 23, 2011 Petitioner: I hope. Caramagno: And then I turned the corner and I see you’re following a trend. That’s going to look great. That’s my comments for now. Petitioner: Okay, very good. Henzi: Any other questions? Is there anyone in the audience who wants to speak for or against the project? Okay. There is no one coming forward. Can you read the letters? Caramagno: Approval from Barbara Denning [32700 W, Chicago](letter read). Larry and Deb Maga [32630 W. Chicago] approval (letter read). Roberta Palmer [9620 Roseland] approval (letter read). Edwina Petrik [9614 Roseland] sends an approval. Donna Sheppard [9810 Loveland] sends an approval. Dawn West [9623 Loveland] approves (letter read). Henzi: Mrs. Bolling, is there anything you would like to say in closing? Petitioner: No, I will just keep my fingers crossed. Henzi: Thank you. We’ll close the public portion of the case and begin the Board’s comments with Mr. Caramagno. Caramagno: I have no objections to the variance either. I think it will look great. Petitioner: Thank you. Caramagno: There are so many on that road. Petitioner: No, not yet. Caramagno: It will look great. They’ll get the hint. Henzi: Mr. Duggan. Duggan: Yes, I agree. I think it’s going to look great. Yeah, I notice a number in the neighborhood as well. So, yes, I will be in support. Henzi: Mrs. McCue. McCue: I agree. I think it will look very nice. I’m in Rosedale Gardens. It’s always exciting for me to have any of my neighbors doing any type of improvement. So, I think it will look very nice. Henzi: Mr. Pastor. Pastor: I think I will be in support of this. There’s no impact. The porch is already sticking out that far so I don’t see any impact on the neighbors. So, I will be in support. City of Livonia, Zoning Board of Appeals Page 30 of 32 August 23, 2011 Henzi: Mr. Sills. Sills: It’s going to enhance the appearance of the house I think very much. Petitioner: It will. Thank you. Sills: And if more people on the block went your way it’d be a great neighborhood. Henzi: Mrs. Aloe. Aloe: I’ll also be in support and I think it is consistent with other variances that have been given on those streets so, you know, for covered porches. So, I will be in support. Henzi: I, too, will support the variance request for all the reasons stated by the other Board members. Petitioner: Thank you. Upon Motion by Aloe, supported by Pastor, it was: RESOLVED, APPEAL CASE NO. 2011-08-42: Donna Bolling, 9619 Loveland, Livonia, MI 48150, seeking to construct a covered front porch resulting in deficient front yard setback and excess lot coverage. Front Yard Setback Lot Coverage Allowed: 25 ft. Allowed: 25.0% (1.540 sq. ft.) Proposed: 21 ft. Proposed: 29.2% (1,804 sq. ft.) Deficient: 4 ft. Excess: 4.2% ( 264 sq. ft.) The property is located on the west side of Loveland (9619) between Orangelawn and West Chicago, be granted for the following reasons and findings of fact: 1. The uniqueness requirement is met because the Petitioner has an existing porch which needs to be covered in order to have protection from the weather elements. 2. Denial of the variance would have severe consequences for the Petitioner because the Petitioner is trying to improve her quality of protection from the weather elements. 3. The variance is fair in light of its effect on neighboring properties and the spirit of the Zoning Ordinance because this is consistent with other variances that have been given in that area for covered porches. 4. The Board received six (6) letters of approval and no objections. 5. The granting of this variance will not adversely affect the purpose or objective of the Master Plan because the property is classified as “Low-density Residential” City of Livonia, Zoning Board of Appeals Page 31 of 32 August 23, 2011 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 porch be built according to the drawings that were submitted to the Board with the exact overhangs, railings, and stanchions. 2. That the porch will not be enclosed. 3. That the variance is good for one (1) year. ROLL CALL VOTE: AYES: Aloe, Pastor, Caramagno, Duggan, McCue, Sills, Henzi NAYS: None. Henzi: The variance is granted with those three conditions. You have got to construction it according to the plans. You’ve got one year within which to complete the construction and then it can’t be enclosed. Petitioner: Okay. No problem. Henzi: Good luck. Petitioner: Thank you, very much. City of Livonia, Zoning Board of Appeals Page 32 of 32 August 23, 2011 ______________________________________________________________________ Motion by Caramagno, supported by Pastor, to approve the minutes of 7/26/11. All were in favor. Motion by Caramagno, supported by Pastor; to approve the minutes of 6/28/11. All were in favor; Sills abstained. Motion by Caramagno, supported by Pastor, to approve the minutes of 7/12/11. All were in favor, Pastor and Sills abstained. ______________________________________________________________________ Elections were held for the positions of Chairman, Vice-Chairman and Secretary. POSITION OF CHAIRMAN: By Aloe, supported by Caramagno, to nominate Henzi for the position of Chairman; Henzi accepted nomination. All were in favor. POSITION OF VICE CHAIRMAN: By Aloe, supported by Caramagno, to nominate Pastor for the position of Vice Chairman; Pastor accepted nomination. All were in favor. POSITION OF SECRETARY: By Sills, supported by Pastor, to nominate Caramagno for the position of Secretary; Caramagno accepted the nomination. All were in favor. There being no further business to come before the Board, the meeting was adjourned at 8:20 p.m. _________________________ SAM CARAMAGNO, Secretary __________________________ MATTHEW HENZI, Chairman /hdm