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APPEALS ACTION SUMMARY Roll call Members Bauer, Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel Present: Members Bauer, Cassis, Ghannam, Ibe Krieger, Sanghvi and Skelcy Absent: Member Wrobel Also Present: Charles Boulard, Community Development Director, Beth Kudla, City Attorney, Malinda Martin, Senior Customer Service Rep. Pledge of Allegiance Member Krieger Approval of Agenda: Approved Approval of Minutes: Approved with corrections Public Remarks: None OLD BUSINESS: 1. Case No. 09-028 41010 Malott Drive Presley Architecture LLC is requesting a variance to allow construction of a rear 1 story addition to an existing residence at 41010 Malott Drive. The existing structure extends into the side setbacks. In addition to the following dimensional variance the project requires an exception to 2502.4.a to allow expansion of a non-conforming structure. Property is zoned R-4 and is located east of Meadowbrook Road and south of Ten Mile Road. Following the direction of the board when tabling this motion at the July 14, 2009 ZBA meeting, the applicant has revised the request as noted below. CITY OF NOVI, CODE OF ORDINANCES, Article 2400 Schedule of Regulations requires a 35 foot rear yard setback, a 10 foot minimum side yard setback, a 25 foot aggregate side yard setback and maximum total lot coverage of 25%.
IN CASE NO. 09-028 MOTION TO APPROVE THE PETITION AS REVISED AND SUBMITTED AS OF JULY 29, 2009 TO ALLOW EXPANSION OF A NON-CONFORMING STRUCTURE AND A MAXIMUM LOT COVERAGE OF 29 PERCENT. THE SETBACK, FRONTAGE, HEIGHT, BULK AND DENSITY REQUIREMENTS UNREASONABLY PREVENT THE USE OF THE PROPERTY FOR THE PERMITTED PURPOSE. THE VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AND SURROUNDING PROPERTY OWNERS IN THIS DISTRICT. THERE ARE UNIQUE CIRCUMSTANCES TO HIS PROPERTY. THE PROBLEM IS NOT SELF-CREATED. ADEQUATE LIGHT AND AIR IS PROVIDED TO THE ADJACENT PROPERTIES. THERE IS NO INCREASE OF FIRE DANGER OR PUBLIC SAFETY. THE PROPERTY VALUES WILL NOT BE DIMINISHED WITHIN SURROUNDING AREA, IN FACT, I THINK THEY WOULD BE INCREASED. THE SPIRIT OF THE ZONING ORDINANCE IS OBSERVED. Motion Carried: 6-1 (Yes: Cassis, Ghannam, Ibe, Krieger, Skelcy, Sanghvi,
No: Bauer) 2. Case No. 09-033 26054 Novi Road – Bagger Dave’s The petitioner is requesting a variance to allow installation of one (1) additional 50 square foot wall sign on the west elevation of the multi tenant building located at 26054 Novi Road for Bagger Dave’s. The property is zoned TC and located north of Grand River and east of Novi Road. Section 28-5 (3) states: "Number of on-premises advertising signs permitted: No building or parcel of land shall be allowed more than one (1) sign permitted under this section…." IN CASE NO. 09-033 MOTION TO GRANT THE PETITIONER’S REQUEST TO ALLOW AN ADDITIONAL WALL SIGN OF MAXIMUM 7’0" IN DIAMETER. THE REQUEST IS BASED UPON CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY OR THAT ARE SELF CREATED AND CONSIDERING THAT THE PROPERTY HAS TWO (2) FRONTS AND ESPECIALLY NOVI ROAD AS WELL AS FACING THE NOVI TOWN CENTER. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES. THIS VARIANCE IS NOT INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE. THE APPROVAL IS RESTRICTED TO THE SIZE THAT IS REQUIRED UNDER THE CITY OF NOVI ORDINANCE. Motion Carried: 7-0 NEW BUSINESS: 1. Case No. 09-034 43180 Nine Mile Road – Shiro Restaurant The petitioner is requesting an extension to variance ZBA07-087 to allow the existing off premises SHIRO Restaurant pole sign to remain on the northeast corner of Nine Mile Road and Novi Road in the RM-1 district. The properties where the sign and the restaurant are located are both owned by Arkin Enterprises. CITY OF NOVI CODE OF ORDINANCES, Section 28-8 (1) Off-premises advertising signs states: "Off premises advertising signs, illuminated or un-illumined, shall be permitted in an I-2 district only." IN CASE NO. 09-034 MOTION TO GRANT THE VARIANCE TO ALLOW THE CONTINUED PLACEMENT OF THE OFFSITE PREMISES ADVERTISING SIGN ON AN ADJACENT PARCEL, WHICH IS ALSO OWNED BY MR. ARKIN, FOR A PERIOD OF 2 YEARS. IT MEETS THE SPIRIT OF THE ORDINANCE. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT THE USE OF THIS PROPERTY AND IT IS NOT SELF CREATED. Motion Carried: 7-0 2. Case No. 09-035 40812 W Thirteen Mile Road – Lennox Park The petitioner is requesting an extension to the granted variance ZBA07-030 to allow the continued placement of a revised over size/height real estate marketing sign located on M5 for Lennox Park. The property is zoned RM-1 and is located west of M5 and north of Thirteen Mile Road. CITY OF NOVI CODE OF ORDIANCES, Section 28-6 (3) Temporary Signs states "Sale, rental or lease sign which identifies the sale, rental, or lease of the residential property…six square feet in area and not less than one-half the distance between the principal building and adjacent street and not higher than five (5) feet." IN CASE NO. 09-035 MOTION TO GRANT THE VARIANCE TO ALLOW THE CONTINUED PLACEMENT OF THE REVISED SIGN COMPLYING WITH THE DIMENSIONS OF THE ORIGINAL VARIANCE OVER SIZE AND HEIGHT REAL ESTATE MARKETING SIGN ON M-5 FOR LENNOX PARK FOR A PERIOD OF 2 YEARS. THE REQUEST IS DUE TO EXCEPTIONAL AND UNIQUE FEATURES OF THE PROPERTY. FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY. IT IS NOT INCOMPATIBLE OR UNREASONABLY INTERFERING WITH ADJACENT OR SURROUNDING PROPERTIES AND IT WOULD BE IN THE SPIRIT OF THE ORDINANCE. Motion Carried: 7-0 3. Case No. 09-036 28175 Cabot Drive – Art Institute of Michigan The petitioner is requesting a variance to allow installation of 6 (30" x 76") banners 2 on each pole to be mounted from 3 existing light poles in the east parking lot of The Art Institute of Michigan located in Haggerty Corridor Corporate Park. The property is zoned OST and is north of Thirteen Mile Road and west of Haggerty Road. CITY OF NOVI CODE OF ORDINANCES, Section 28-10 (b) (2) states: "The following signs shall not be permitted, erected, or maintained in any district, anything in this chapter to the contrary notwithstanding: (2) Banners, pennants, spinners and streamers." IN CASE NO. 09-036 MOTION TO APPROVE THE VARIANCE TO ALLOW BANNERS ON 3 EXISTING LIGHT POLES AS REQUESTED. THE REQUEST IS BASED UPON CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY OR THAT ARE SELF CREATED. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES, AND APPROVING THIS IS NOT INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE. THE GRANTING OF THIS VARIANCE SHOULD BE SUBJECT TO THE STRUCTURAL INTERIORITY OF THE POLES. THE VARIANCE IS APPROVED FOR THE PERIOD OF TIME THAT THIS PARTICULAR TENANT WILL BE OCCUPYING THE BUILDING. Motion Carried: 7-0 4. Case No. 09-037 48320 W. Nine Mile Road The petitioner is requesting a height variance of 5 feet to allow construction of a (1) story 19 foot high barn style garage addition to a relocated garage at 48320 W Nine Mile Road. The property is zoned R-1 and is located west of Beck Road and north of Nine Mile Road CITY OF NOVI, CODE OF ORDINANCES, Section 2503.1(I) A detached accessory building in R-1 district shall not exceed one (1) story or fourteen (14) feet in height. REQUIRED MAXIMUM DETACHED ACCESSORY HEIGHT
14 FEET IN CASE NO. 09-037 MOTION TO APPROVE THE REQUEST FOR THE HEIGHT VARIANCE OF 5 FEET. AFTER CONSTRUCTION THERE WILL BE A MAXIMUM OF 2 ACCESSORY STRUCTURES IN ACCORDANCE WITH THE CITY ORDINANCE. THERE WOULD HAVE TO BE A DEED RESTRICTION RESTRICTING FUTURE PROPERTY DIVISION. THERE WILL BE NO UPPER FLOOR ON THE ACCESSORY STRUCTURE AND NO LIVESTOCK RELATED USES. IT IS UNIQUE FOR THIS PROPERTY AND THERE IS ADEQUATE LIGHT AND AIR. IT DOES NOT INCREASE FIRE DANGER OR PUBLIC SAFETY. IT WILL INCREASE THE PROPERTY VALUE INCLUDING THE SURROUNDING AREA. THE SPIRIT OF THE ZONING ORDINANCE WOULD BE OBSERVED. Motion Carried: 7-0 Motion Maker: Member Krieger OTHER MATTERS ZBA 2010 Calendar dates – The Board unanimously approved the proposed calendar dates. Meeting adjourned at 8:55 PM. NOTICE: People with disabilities needing accommodations for effective participation in this meeting should contact the Community Development Department (248) 347-0415 at least seven working days in advance of the meeting. An attempt will be made to make reasonable accommodations.
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