Present: Members Bauer, Cassis, Ghannam, Ibe, Sanghvi, Skelcy and Wrobel

Absent: Member Krieger

Pledge of Allegiance Member Bauer

Approval of Agenda: Approved

Approval of Minutes: Approved with corrections

Public Remarks: None

The petitioner is requesting a variance to allow installation of one (1) additional 58 square foot wall sign on the east elevation of the multi tenant building located at 26050 Novi Road for AT &T. The property is zoned TC and located north of Grand River and east of Novi Road.

Section 28-5 (3) states: "No building or parcel of land shall be allowed more than one (1) sign permitted under this section…."

IN CASE NO. 09-039 MOTION TO APPROVE THE SIGN VARIANCE AS SUBMITTED. THE STANDARDS HAVE BEEN MET. AS DISCUSSED IN THE PREVIOUS MEETING, THE CIRCUMSTANCES OR FEATURES ARE EXCEPTIONAL AND UNIQUE TO THIS PARTICULAR PROPERTY GIVING ITS PROXIMITY TO THE CORNER AND ITS LAYOUT. 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 WILL ADJACENT OR SURROUNDING PROPERTIES, WILL RESULT IN SUBSTANTIAL JUSTICE BEING DONE TO BOTH THE APPLICANT AND ADJACENT OR SURROUNDING PROPERTIES, AND IS NOT INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE.
Motion Maker: Member Ghannam

NEW BUSINESS

The petitioner is requesting a renewal for the continued placement of a temporary construction/sales trailer located at 46050 Twelve Mile Road for Novi Corporate Park from November 10, 2009 through November 10, 2011. Petitioner received a Temporary Use Permit in TUP05-030, TUP06-020 and was granted continued approval under ZBA07-065. The property is zoned I-1 and located east of West Park Drive and north of Twelve Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 3004 2., "Temporary Use Permits" states: "The Building Official shall have the power to grant permits authorizing temporary special land uses for…temporary buildings…not to exceed two (2) years on undeveloped parcels within the City.

IN CASE NO 09-043 MOTION TO TABLE THIS REQUEST TO THE DECEMBER 8, 2009 ZONING BOARD OF APPEALS MEETING. APPLICANT DID NOT APPEAR.

Motion Carried 7-0
Motion Maker: Member Bauer

Andrew Soborowski is requesting one (1) foot maximum side yard setback variance, one (6) foot maximum rear yard variance from property line, one (3) foot maximum variance for the minimum required distance between primary and accessory structures and maximum 16% rear yard lot coverage and 11% total lot coverage variance for the construction of a 468 SF proposed detached garage to be located at 1407 East Lake Drive. Property is zoned R-4 and is located north of Thirteen Mile Road and west of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Article 25, Section 2503.C states "The total floor area of all accessory buildings shall not occupy more than twenty-five (25) percent of any required rear yard…Section 2503.g. states a detached accessory building shall not be located closer than ten (10) feet to any main building shall not be located closer than six (6) feet to any interior side lot or rear lot line". Article 24, Schedule of Regulation, Section 2400.

REQUIRED ACCESSORY STRUCTURE REAR YARD SETBACK                                             6 FEET
PROPOSED REAR YARD SETBACK                                                                                     0 FEET
VARIANCE REQUESTED                                                                                                       6 FEET

REQUIRED MINIMUM ACCESSORY STRUCTURE SIDE YARD SETBACK                                6 FEET
PROPOSED MINIMUM SIDE YARD SETBACK                                                                        5 FEET
VARIANCE REQUESTED                                                                                                       1 FOOT

MINIMUM REQUIRED DISTANCE BETWEEN PRINCIPLE AND ACCESSORY STRUCTURES     10 FEET
PROPOSED DISTANCE BETWEEN STRUCTURES                                                                   7 FEET
VARIANCE REQUESTED                                                                                                         3 FEET

MAXIMUM REAR LOT COVERAGE ALLOWED                                                                         25%
PROPOSED MAXIMUM REAR LOT COVERAGE                                                                       41%
MAXIMUM VARIANCE REQUESTED                                                                                         16%

MAXIMUM TOTAL LOT COVERAGE ALLOWED                                                                         25%
PROPOSED MAXIMUM TOTAL LOT COVERAGE                                                                       36%
MAXIMUM VARIANCE REQUESTED                                                                                          11%

IN CASE NO. 09-044 MOTION TO APPROVE A 3 FOOT REAR SETBACK FROM THE PROPERTY LINE WITH A REDUCTION IN SIZE OF THE STRUCTURE TO 16 X 20 TO ALLOW 7 FEET BETWEEN THE STRUCTURES, 5 FOOT SIDE YARD SETBACK, 16 PERCENT REAR LOT COVERAGE AND 11 PERCENT TOTAL LOT COVERAGE. THE SETBACK, FRONTAGE, HEIGHT, BULK AND DENSITY REQUIREMENTS UNREASONABLY PREVENT THE USE OF THE PROPERTY FOR A PERMITTED PURPOSE. THE VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AND SURROUNDING PROPERTY OWNERS IN THE ZONING DISTRICT AND THERE ARE UNIQUE CIRCUMSTANCES OF THE PROPERTY. THE PROBLEM IS NOT SELF CREATED. THERE IS ADEQUATE LIGHT AND AIR THAT IS PROVIDED TO ADJACENT PROPERTIES. NO INCREASE OF FIRE DANGER OR PUBLIC SAFETY. PROPERTY VALUES WILL BE IMPROVED IN THE SURROUNDING AREAS. THE SPIRIT OF THE ZONING ORDINANCE IS OBSERVED.

Motion Carried: 6-1 (YES: Bauer, Cassis, Ibe, Skelcy, Sanghvi, Wrobel NO: Ghannam)
Motion Maker: Member Cassis

Tim Whyte of the Oakland Baptist Church is requesting special approval relating to a previous approved Special Land Use per Section 2903 of the Zoning Ordinance in order to permit the installation of a new steeple on the existing church located at 23893 Beck Road. The applicant has indicated that the steeple was demolished at some point, and he would like to restore the steeple to the church. The property is zoned R-1, and is situated on the western side of Beck Road between Ten Mile Road and Nine Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 2400 restricts all structures in the R-1 district to a 35 foot maximum height. The new steeple would add 25 feet to the existing church building for a total height of 58 feet and 4 inches from the surrounding grade.

CITY OF NOVI, CODE OF ORDINANCES, Section 2903 states that height limits do not apply to church spires. However, the Zoning Board of Appeals may specify a height limit for a Special Land Use as long as the height does not exceed the distance to the nearest property line. The existing church building is closest to the north side yard and stands 75.96 feet from the property line.

IN CASE NO 09-045 MOTION TO GRANT THE PETITIONERS REQUEST AS SUBMITTED CONSIDERING THAT THE PROPERTY IN QUESTION IS A CHURCH. THE REQUEST OF THE PETITIONER WILL NOT UNREASONABLY INCREASE THE CONGESTION OF PUBLIC STREETS AND WILL NOT IN DANGER PUBLIC SAFETY. IT WILL NOT IMPAIR ESTABLISHED PROPERTY VALUES WITHIN THE SURROUNDING AREA. THE COMFORT MORALS AND WELFARE OF THE INHABITANTS OF THE CITY OF NOVI WILL NOT BE DISTURBED BY ALLOWING THE PETITIONERS REQUEST. I THEREFORE MOVE THAT WE GRANT THE REQUEST AS MADE.

Motion Carried 7-0
Motion Maker: Member Ibe

SignGraphix is requesting a variance to erect an additional 385 SF wall sign on the east elevation and an additional illuminated ground sign of 40 SF (reduced from the original request of 168 SF) at the interior site entranceway for Providence Park Hospital located at 47601 Grand River Avenue. The property is zoned OSC and is south of Grand River Avenue and west of Beck Road.

Section 28-5 (3) "…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…."

Section 28-5 (2) b.1 (a) (ii) b. wall signs shall not exceed 250 square feet in area

IN CASE NO 09-046 MOTION TO GRANT THE PETITIONER APPROVAL AS SUBMITTED. 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 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, WILL RESULT IN SUBSTANTIAL JUSTICE BEING DONE TO BOTH THE APPLICANT AND ADJACENT OR SURROUNDING PROPERTIES, AND IS NOT INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE. THIS WILL BE IN THE BEST INTEREST OF THE PATIENTS AND VISITORS.

Motion Carried 6-1 (YES: Bauer, Cassis, Ghannam, Ibe, Sanghvi, Wrobel NO: Skelcy)
Motion Maker: Member Cassis

The petitioner is requesting a Temporary Use Permit renewal for the continued placement of a temporary sales trailer on Lot 2 of Normandy Hills at 20795 Normandy Court from November 10, 2009 through November 10, 2012. Petitioner received a Temporary Use Permit in TUP07-037 and a one year extension in TUP08-024. The property is zoned R-1 and is located north of Eight Mile Road and west of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 3004 2., "Temporary Use Permits" states: "The Building Official shall have the power to grant permits authorizing temporary special land uses for…temporary buildings…not to exceed two (2) years on undeveloped parcels within the City.

IN CASE NO. 09-047 MOTION TO GRANT THE REQUEST OF THE PETITIONER TO EXTEND THE TEMPORARY SPECIAL LAND USE NOT TO EXCEED A PERIOD OF 24 MONTHS OR UNTIL ALL LOTS ARE SOLD. THE REASON FOR GRANTING THE EXTENSION IS DUE TO THE UNIQUE CIRCUMSTANCES OF THE PROPERTY. THE PROBLEM IS NOT SELF CREATED. THE ECONOMIC CLIMATE THAT WE ARE CURRENTLY IN IS NOT OF THE MAKING OF THIS PETITIONER. THE SPIRIT OF THE ZONING ORDINANCE IS OBSERVED.

Motion Carried: 7-0
Motion Maker: Member Ibe