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View Agenda for this meeting
ZONING BOARD OF APPEALS ACTION SUMMARY
Regular Meeting
Tuesday, January 10, 2012 - 7:00 P.M.
Council Chambers | Roll call Members Ghannam, Ibe, Krieger, Sanghvi, Skelcy, Gedeon and Gerblick Present: Members Ghannam, Ibe, Krieger, Sanghvi, Skelcy, Gedeon Absent: Member Gerblick- excused Also Present: Charles Boulard, Director of Community Development, Elizabeth Saarela, City Attorney and Angela Pawlowski, Recording Secretary Pledge of Allegiance Approval of Agenda: Approved Approval of Minutes: None Public Remarks: None 1. Case No. 11-043 1251 west lake drive The applicant is requesting variances of 5.67 feet from the thirty (30) foot required front yard setback requirement and an additional 4.2% beyond the 25% maximum lot coverage provisions of Section 2400 of the Novi Zoning Ordinance for the construction of a proposed new single family home. The property is located east of West Lake Drive and north of North Haven. The property is zoned R-4 (One Family Residential). CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires a minimum front yard setback of thirty (30) feet and maximum lot coverage of 25%. Required front yard setback: 30 feet Allowable maximum lot coverage: 25% IN CASE NO. 11-043 Motion to approve as requested. There are unique circumstances or physical conditions of the property such as narrowness, water, similar physical conditions that will make it impossible for the applicant to meet the goal, if not granted. Also that the ground water prevents the applicant from having a basement. The need is not self-created. Strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, and will render conformity with those regulations unnecessarily burdensome. The requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district. The requested variance will not cause an adverse impact on surrounding property. It would actually enhance the look of the neighborhood and uplift the property values of the neighbors.Motion carried: 5-0 2. case no. 11-044 317 duana The applicant is requesting variances from the exterior side yard setback requirements and existing non-conforming building restrictions to allow the construction of a second floor addition to an existing one story residence. The property is located west of South Lake Drive and west of Old Novi Road. The property is zoned R-4 (One Family Residential). CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires a minimum side yard setback of ten (10) feet and a total aggregate side yard setback of twenty five (25) feet. Section 2502(4)a prohibits work to enlarge or alter a structure in a way that increases its non-conformity. Required side yard setback: 10 feet Required aggregate side yard setback: 25 feet
IN CASE NO. 11-044 Motion to approve as requested for an addition to a non-conforming building. There are unique circumstances or physical conditions of the property such as narrowness, shallowness, shape, water, topography or similar physical conditions and the need for the variance is not due to the applicant’s personal or economic difficulty. Strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome. The request is not self-created. The requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district. The requested variance will not cause an adverse impact on surrounding property, property values or the use and enjoyment of the property in the neighborhood or zoning district. Motion carried: 4-0 3. case no. 11-045 23955 novi road (Novi energy) The applicant is requesting a variance from Section 28-8 of the Novi Sign Ordinance to allow a twenty four (24) square foot, 5 foot high off-premises business sign identifying a tenant in a business center. The property is located west of Novi Road and south of Ten Mile Road. The property is zoned OS-1 (Office Service District). CITY OF NOVI, CODE OF ORDINANCES, Section 28-8 allows off-premises advertising signs to be located only in I-2 Zoning Districts.
IN CASE NO. 11-045 Motion to approve as requested. The request is based upon circumstances or 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. This particular property is located in a unique position with no visibility and no road frontage from Novi Road which raises the question of how do you find this particular business? The only way to accomplish this is to permit the requirement as proposed by the applicant. The failure to grant relief will unreasonably prevent or limit the use of the property and will result in the inability to attain the return that this applicant desires for this business. Novi Energy is supposed to represent what the business does and is an identity with which people will relate to this particular business. 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 is not inconsistent with the spirit of the ordinance. The applicant owns all four parcels and they do not intend to have a sign on the building itself with exception to the building number. Motion carried: 5-0 *The applicant is permitted to leave the mock-up sign until March 15, 2012. Motion maker: Skelcy 4. case no. 11-046 43015 grand river avenue (banks vacuum) The applicant is requesting a variance from Section 28-5(3) of the Novi Sign Ordinance to allow a second sign in the form of a 42.5 square foot wall sign for a business. The property is located south of Grand River and east of Novi Road. The property is zoned TC-1 (Town Center District). CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) allows not more than (1) wall or ground sign for a single building or parcel of land. Number of signs proposed: 2 IN CASE NO. 11-046 Motion to approve the request for an additional wall sign of 24 square feet. The request is based upon circumstances or features that are exceptional and unique to the property. It is set back more from Grand River than the rest of the other buildings in that area and do not result from conditions that exist generally in the City and are not self-created because the building was previously there. 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 the applicant and adjacent or surrounding properties, and is not inconsistent with the spirit of the ordinance. Motion carried: 5-0 5. case no. 11-047 43155 main street (Mixx sports bar) The applicant is requesting variances from 28-5 (2)f.1.(a), 28-5 (2)f.1.(b) and 28-5 (2)f. of the Novi Sign Ordinance to allow a forty nine (49) square foot projecting wall sign located up to 17.5 foot high and not in compliance with the requirement of the Sign Design Review Manual. The property is located north of Main Street and east of Novi Road. The property is zoned TC-1 (Town Center District). CITY OF NOVI, CODE OF ORDINANCE, Sections 28-5 (2)f.1.(a), 28-5 (2)f.1.(b) and 28-5 (2)f. allowing maximum 3 square feet and 3 foot width for pedestrian level projecting signs, 12 foot maximum height and requirement for sign design and mounting brackets in accordance with the Sign Design Review Manual. Sign area proposed: 49 square feet Sign width proposed: 8 feet, 2 inches Sign height proposed: 17 feet, 6 inches Sign brackets proposed: Non-Ornamental brackets Sign illumination proposed: Internally illuminated
Sign design proposed: Internally illuminated channel letters Sign design required: *Text raised from background and of contrasting color *Decorative molded edge raised above background *Signs fabricated of wood, metal or acrylic letters mounted to a solid background Variance requested: Internally illuminated channel letters IN CASE NO. 11-047 Motion to table to the February 14, 2012 meeting. Motion carried: 5-0 6. case no. 11-048 41014 scarborough The applicant is requesting a variance from the thirty five (35) foot required rear yard setback requirements of Section 2400 of the Novi Zoning Ordinance for an existing single family home to allow the construction of a new rear one story enclosed sunroom with a setback of twenty four (24) feet. The property is located east of Meadowbrook Road and north of Ten Mile Road. The property is zoned R-4 (One Family Residential). CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires a minimum rear yard setback of thirty five (35) feet. Required rear yard setback: 35 feet IN CASE NO. 11-048 Motion to table to the February 14, 2012 meeting. Motion carried: 5-0 OTHER MATTERS ADJOURNMENT at 9:27PM
Zoning Ordinance, Section 3107. - Miscellaneous. No order of the Board permitting the erection of a building shall be valid for a period longer than one (1) year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. No order of the Board permitting a use of a building or premises shall be valid for a period longer than one-hundred and eighty (180) days unless such use is established within such a period; provided, however, where such use permitted is dependent upon the erection or alteration of a building such order shall continue in force and effect if a building permit for such erection or alteration is obtained within one (1) year and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. Such time limits shall be extended for those applicants requiring site plan review to a period of thirty (30) days after the date of final site plan approval has been given by the City. (Ord. No. 18.226, 5-12-08; Ord. No. 10-18.244, Pt. VII, 11-8-10)
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