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View Agenda for this meeting
ZONING BOARD OF APPEALS ACTION SUMMARY
Regular Meeting
Tuesday,
Council Chambers |
Roll call Members Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy, Wrobel and Gedeon Present: Members Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Gedeon Absent: Chairman Wrobel Also Present: Charles Boulard, Community Development Director, Beth Kudla, City Attorney, Malinda Martin, Senior Customer Service Representative Pledge of Allegiance Member Krieger Approval of Agenda: Approved Approval of Minutes: May 11, 2010 approved with corrections June 8, 2010 approved Public Remarks: NONE 1. Case No. 10-019 40393 Grand River Ave – Kroger Kroger Co is requesting a variance to allow a reduced interior side yard parking setback in the western side yard parking setback in the I-1 District to 0 feet from the required 10 foot. The property is zoned I-1 and is located at 40393 Grand River Ave, between Meadowbrook Rd and Haggerty Rd. CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires a 10 foot interior side yard parking setback in the I-1 District IN CASE NO 10-019 Motion to grant the request as submitted. 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 petitioner and surrounding property owners in the zoning district. There are unique circumstances to this property. This is not a self created problem. There is not likely to be any interference with any light or air to the adjacent properties by granting this variance. Motion carried: 7-0 2. Case No. 10-020 26800 Meadowbrook Rd Colliers International is requesting a renewal of one (1) sign variance for a 60 square foot real estate leasing sign located at 26800 Meadowbrook Road. The property is zoned OST and located south of Twelve Mile and east of Meadowbrook Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) Use, Area, Height and Placement Regulations for Temporary Signs states: "Sale rental or lease sign which identifies the sale, rental or lease of the non-residential property…shall be not greater than 16 square feet and not more than 10 feet in height." IN CASE NO 10-020 Motion to deny the request for the continuation of this sign due to the lack of practical difficulty. The sign has been there for an adequate amount of time and has had a lack of maintenance. Motion carried: 5-2 (YES: Members Cassis, Krieger,
Ghannam, Skelcy, Gedeon NO: Members Sanghvi and Ibe)
3. Case No. 10-021 Island Lake of Novi Jason Minock of Toll Brothers – Island Lake is requesting an extension to six oversized real estate advertising signs and six directional signs located in the Island Lakes Community Development. Property is zoned RA and is located south of Grand River Avenue, north of Ten Mile Road, east of Napier Road and west of Wixom Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) Temporary Signs states sale, rental or lease sign which identifies the sale, rental, or lease of the residential property…shall be 6 square feet in area and not higher than five (5) feet. One sign. The applicant is requesting six (6) variances for oversized real estate advertising signs to be located: (numbering per previous variance approval) #2 Boathouse Drakes Bay Drive/Terra Del Mar CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 (a) Prohibited Signs states a sign not expressly permitted is prohibited. The applicant is requestingan additional six (6) variances for directional signage within the development to be located: #10 New Section Now Open/Model 2 sided near 24850
Terra Del Mar/Nepavine Drive Ordinance Section:
IN CASE NO 10-021 Motion to grant the petitioners request for a period of 12 months. It is appropriate to grant this motion because the objections are not within the jurisdiction of this board. The request made by the petitioner 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. Specifically the community is so large that it would be confusing not to have directional signs. The visitors that visit this establishment do some sense of direction. The failure to grant relief will unreasonably prevent or limit the use of the property and will result in substantially more than mere inconvenience to attain a higher economic or financial return. The developer has a right to maximize the community. The grant of relief will not result in a use of structure that is incompatible and will not unreasonably interfere with adjacent or surrounding properties and will be consistent with the spirit of the zoning ordinance. Motion carried: 7-0 4. Case No. 10-022 23800 Meadowbrook Rd The petitioner is requesting a variance to install an open carport in the front of the existing residence located at 23800 Meadowbrook Rd. Property is zoned R-4 and is south of Ten Mile Rd and east of Meadowbrook Rd. REQUIRED FRONT YARD SETBACK 30
FEET CITY OF NOVI, CODE OF ORDINANCE , Section 2400IN CASE NO 10-022 Motion to grant this request. This is based on the practical difficulty demonstrated by the applicant that she cannot have a garage and she needs a place to keep her cars during the inclement weather. The variance will provide substantial justice to petitioner and surrounding property owners in the zoning district. There are unique circumstances of the property. The problem is not self created. Adequate light and air is provided to the adjacent properties. There does not appear to be any increase of fire danger or public safety. Motion failed: 3-4 (YES: Members Sanghvi, Krieger,
Gedeon NO: Members Cassis, Ibe, Ghannam, Skelcy 5. Case No. 10-023 39475 Lewis Dr – Suite 110 The petitioner is requesting a variance to locate a pharmacy in a portion of the building located at 39475 Lewis Drive. The property is zoned OST and is located north of Lewis Drive and west of Haggerty Road. CITY OF NOVI, CODE OF ORDINANCES, Section 2302.1.a requires pharmacies in the OST District to be in a building of 50,000 square feet or greater. IN CASE NO 10-023 Motion to grant the variance as requested. 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 petitioner and surrounding property owners and other co-tenants. There are unique circumstances to the property. There will adequate light and air provided to the adjacent properties. No increase of fire danger or public safety. The property values will not be diminished within the surrounding areas. The spirit of the Zoning Ordinance is observed. Motion carried: 7-0 6. Case No. 10-024 25610 Clark St The petitioner is requesting variances to allow expansion of an existing garage and construction of an addition to a residence located at 25610 Clark St. Property is zoned R-4 and is located south of Grand River and east of Taft Rd. REQUIRED MINIMUM SIDE YARD SETBACK
10 FEET MAXIMUM ALLOWABLE ACCESSORY USE
850 SF CITY OF NOVI, CODE OF ORDINANCES, Section 2400 and Section 2503.1(E) (1) IN CASE NO 10-024 Motion to approve the petitioner request to allow expansion of an existing garage as requested. 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 petitioner and surrounding property owners. It is unique to this property. It is not self created. There will be adequate light and air provided to the adjacent properties. No increase of fire danger or public safety. The property values will be increased. The spirit of the Zoning Ordinance is observed. Motion carried: 7-0
7. Case No. 10-025 Old Dutch Farms The petitioner is requesting a variance to install an oversize and over height real estate leasing of 32 SF and 8 feet in height for 27000 Napier Rd for Old Dutch Farms. The property is zoned MH and is located west of Wixom Rd and north of Ten Mile Rd. Section 28-6 (3) allows a sale, rental or lease sign which identifies the sale, rental or lease of residential property upon which the sign is located to be a maximum of 6 square feet and 5 feet in height. IN CASE NO 10-025 Motion to grant the petitioners request for a period of 12 months. 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. Motion carried: 7-0 8. Case No. 10-026 46555 Magellan Dr Alcan Automotive, LLC is requesting a variance to locate an accessory structure in the front yard of the property located at 46555 Magellan Dr. The property is zoned I-2 and is located north of Twelve Mile Rd and west of West Park Dr. CITY OF NOVI, CODE OF ORDINANCES, Section 2503.2.A requires accessory structures to be placed in the rear yard. IN CASE NO 10-026 Motion to grant the variance as requested which is to location an accessory structure in the front yard of the property. The variance would not unreasonably prevent the use of the property through the setback, frontage, height, bulk and density requirements. It will provide substantial justice to the petitioner and surrounding property owners in the zoning district. There are unique circumstances of the property. The problem is not self created. Adequate light and air is provided is provided to adjacent properties. No increase of fire danger or public safety. Property values will not be diminished and it is in the spirit of the Zoning Ordinance. Motion carried: 7-0 Case No. 10-027 2255 Crown The petitioner is requesting a variance to allow construction of an addition to an existing non conforming residence located at 2255 Crown. Property is zoned R-4 and is located south of Thirteen Mile Rd and west of Novi Rd. REQUIRED MINIMUM SIDE YARD SETBACK
10 FEET CITY OF NOVI, CODE OF ORDINANCES, Section 2400 IN CASE NO 10-027 Motion to grant the variance as requested. The setback, frontage, height, bulk and density requirements unreasonably prevent the use of the property for a permitted purpose. It will provide substantial justice to the petitioner and surrounding property owners. . It will provide substantial justice to the petitioner and surrounding property owners in the zoning district. There are unique circumstances of the property. The problem is not self created. Adequate light and air is provided is provided to adjacent properties. No increase of fire danger or public safety. Property values will not be diminished and it is in the spirit of the Zoning Ordinance. Motion carried: 7-0 9. Case NO. 10-028 29137 Eastman Trail The petitioner is requesting a variance to construct a sunroom located at 29137 Eastman Trail. The property is zoned RA and is located west of Meadowbrook Rd and south of Thirteen Mile Rd. REQUIRED MINIMUM REAR YARD SETBACK
30 FEET CITY OF NOVI, CODE OF ORDINANCE, Section 2400 IN CASE NO 10-028 Motion to grant the variance as requested. The variance if granted would not unreasonably prevent the use of the property for a permitted purpose. The variance will provide substantial justice to the petitioner and surrounding property owners. There are unique circumstances of the property. The problem is not self created. Adequate light and air is provided is provided to adjacent properties. No increase of fire danger or public safety. Property values will not be diminished and it is in the spirit of the Zoning Ordinance. Motion carried: 7-0 ADJOURNED AT 8:54 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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