Garage Apartment Approved — With Relief

A rendering of the Roger Road home and proposed detached ADU.

A Westville homeowner got the go-ahead to convert a two-car garage into housing for his aging father — after applying for zoning relief to raise the building’s roof and responding publicly to a neighbor’s concerns about property values and personal privacy.

That was the upshot of the latest meeting of the Board of Zoning Appeals (BZA) held over Zoom Tuesday night. 

Michael Levien, who owns a home with his family on Roger Road, approached the board this week in order to develop an accessory dwelling unit (ADU) beside his single-family house that would exceed the maximum height requirements imposed by the city. He ultimately received unanimous support from the BZA for that requested variance, allowing him to move forward with the project.

Read more here about how and why the city has been trying to incentivize homeowners to establish more ADUs in existing basements, attics and garages — and how and why they’ve failed to relax local zoning regulations enough to help residents to do so without jumping through bureaucratic hoops (such as having to go before the BZA for variances).

On Tuesday, Levien, joined by architect Justin Towart, explained to the zoning board that he was hoping to turn an existing two-car garage on his property into a two-story home for his senior dad.

Towart said that in order to create a space that was both habitable and in line with the minimum square footage requirements imposed by the city, the family would have to raise the roof of the garage, taking the height of the structure from the maximum 12 feet up to 18. 

The final product would be a two-story residential ADU with one bedroom, 1.5 bathrooms, a kitchen and laundry room.

Current photos of the property, provided by the owner.

The anticipated layout of the upcoming development.

The variance application for the project states: In keeping with the intent of the ADU ordinance, the project is (1) planned to be an accessible solution in order to house a senior member of the family. It will also (2) create new housing units while respecting the look and scale of the Westville neighborhood while making (3) efficient use of existing housing stock and infrastructure. Additionally, it will (4) offer an eco-conscious sustainable solution that uses a small average space per person, renewable energy, sustainable materials and smaller carbon footprint. Lastly, the project will (5) provide housing responsive to changing family needs. Materials used will be complementary to the existing house and Westville neighborhood: Painting wood or fiber cement lap siding, asphalt shingle, stone, wood, painted aluminum trim elements and painted clad windows and doors.” 

The only individual to speak out against the development Tuesday was neighbor Susan Still Millen, who has lived in a nearby home on Roger Road since the mid-1970s. 

I respect my neighbor’s purpose for the project,” she said. But I object to its impact on the value of my property as well as my ability to enjoy my property.”

She read a note from her realtor, Susan Santoro, which stated that the new ADU would have a towering effect” on the Westville neighborhood. If you observe the way this neighborhood was originally laid out, it has allowed for each house to be sited allowing a quiet yard state, which is what makes it such a special place in Westville to live,” the letter reads. My experience allows me to have a great understanding of the Westville market, and what buyers are looking for. I believe that if this variance is granted, it could change the value of my client’s home down by 10 to 15 percent.”

Michael Levien: “We want to continue to be good neighbors."

There are legitimate concerns about privacy absolutely, and as our two houses do overlook each other, I’m literally able to see her back patio from the room that I’m in right now,” Levien responded.

However, he added that the garage is backed by a number of Hemlock trees, which he said will continue to grow over time and provide screening between the upcoming ADU and his neighbor’s home.

He said he would work with the surrounding community and building department to strategize ways to keep disruption due to construction at a minimum.

We want to continue to be good neighbors,” he said.

I think we’ve addressed the concerns of the neighbor,” BZA Chair Mildred Melendez concluded, right before she and her colleagues took a unanimous vote in favor of the project.

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