Title
Public Hearing - File PVAI2026-0003
Location: 1300 N. Livernois Rd., located on the east side of Livernois between Tienken and Dutton, Parcel 15-03-351-006, zoned RE One Family Residential
Request: The applicant is requesting a variance from Sec. 138-5.100 Schedule of Regulations, which requires a minimum lot area of 43,560 square feet in the RE One Family Residential zoning district. The proposed variance, if granted, would allow for a portion of the subject parcel to be divided (subject to further administrative review) and added to the adjoining parcel to the north (1420 N. Livernois), resulting in the subject parcel having a lot area of 0.8 acres or 34,848 square feet, approximately 8,700 square feet less than required by Ordinance. No new parcel would be created as a result of the variance, if granted.
Body
MOTION by Neubauer, seconded by Tischer, in the matter of File No. PVAI2026-0003, that the request for a variance of approximately 0.2 acres from Sec. 138-5-100 Schedule of Regulations, which requires a minimum lot size of 1 acre or 43,560 square feet in the RE One Family Residential zoning district, Parcel Identification Number 15-03-351-006, be APPROVED to allow for the reduced lot size and allow the continued review of the proposed lot split, because a practical difficulty does exist on the property as demonstrated in the record of proceedings and based on the following findings. With this variance, the property shall be considered by the City to be in conformity with the Zoning Ordinance for all future uses with respect to the setbacks for which this variance is granted.
Compliance with the strict letter of the Zoning Ordinance would prohibit the reasonable use of the entire property and without the variance would be unnecessarily burdensome on the applicant to maintain and access the majority of the rear portion of the property.
2. Granting the variance will preserve a substantial property right for the applicant and thus substantial justice shall be done.
3. A lesser variance will not provide substantial relief, and would not be more consistent with justice to other property owners in the area.
4. There are unique circumstances of the property that necessitate granting the variance as described in the above criterion, specifically that the property includes significant steep slopes, potential wetlands and potential floodplains as shown on the City’s GIS mapping, the physical shape and layout of the property along with the significant natural features essentially prohibits access to the rear portion of the property for maintenance, that due to the extensive natural features on the property, issues regarding drainage and trespass onto the property to the north cannot be addressed appropriately and the proposed lot split would help alleviate those issues.
5. The granting of this variance would not be materially detrimental to the public welfare or existing or future neighboring uses.
6. Approval of the requested variance will not impair the supply of light and air to adjacent properties, increase congestion, increase the danger of fire, or impair established property values in the surrounding area since there is no new building lot being created and that the rear of the lot is essentially not accessible or maintainable in the current configuration.