|
View Agenda for this meeting
ZONING BOARD OF APPEALS ACTION SUMMARY
Regular Meeting
Tuesday, February 14, 2012 - 7:00 P.M.
Council Chambers | Roll call Members Ghannam, Ibe, Krieger, Sanghvi, Skelcy, Gedeon and Gerblick Present: Members Ghannam, Ibe, Krieger, Sanghvi, Gerblick Absent: Member Gedeon- excused, Member Skelcy-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 as modified Approval of Minutes: Approval of the December 13, 2011 minutes Approval of the January 10, 2012 minutes as amended Public Remarks: None
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 Variance requested: Internally illuminated channel letters IN CASE NO. 11-047 Motion to approve the request as modified by the applicant for a proposed sign area of 43.44 sq. ft consisting of 7’-8" width and 5’-8" in height. 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. The conditions that are described in the vicinity present such unique circumstance that this applicant should be given the opportunity to erect this sign. 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 applicant is a business in a very distressed area with a high vacancy area and needs an opportunity for the business to strive and attain the financial return that it desires. 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: 5-0 IN CASE NO. 11-047 The temporary mock-up sign will be allowed to remain for a maximum of 21 days from today. Motion carried: 5-0
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 approve the applicant’s request of 11 feet from the 35 foot required rear yard setback in order to build the addition . 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. Along this line of houses on the Google map you can see that this lot is narrow. 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, or 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. Except to be mindful of the neighbor’s request that lives to the rear of the applicant’s property. 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: 5-0 The applicant is requesting a variance from the Similar/Dissimilar provisions of Section 303 of the Novi Zoning Ordinance to allow construction of two (2) homes with similar facades within less than the required minimum separation distance. The property is located in the Island Lake Development north of Ten Mile Road and west of Wixom Road in the RA Zoning District with a Residential Unit Development Agreement (RUD). CITY OF NOVI, CODE OF ORDINANCES, Section 303.2.b requires that no dwelling structural form shall be located on the same side of the street as a substantially similar structural form without there being at least two (2) dwellings with different structural form between the two (2) substantially similar structural forms. For purposes of this provision, dwellings within the same quadrant of intersecting streets shall be treated as being on the same side of a common street. IN CASE NO. 12-001 Motion to table to the March 6, 2012 meeting. The Board would like to hear that the applicant has complied with requests and suggestions made by the Board at this time for additional notification and consideration by the effected neighbors and association. Motion carried: 5-0 The applicant is requesting a variance from Section 2515.1 of the Novi Zoning Ordinance to allow construction of a fence in the front yard of an existing home. The property is located south of Nine Mile Road and east of Beck Road in the R-1 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 2515.1 Fences (residential) on all lots of record are limited to 6 feet in height and shall not extend toward the front of the lot nearer than the minimum front yard setback distance unless the existing house already extends into the front yard, in which case the fence may extend to the front of the house. IN CASE NO. 12-002 Motion approve the request as stated by the applicant for the following reasons: 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. The property is located on a busy road and the applicant bought this property as-is with the fence there prior to the sale in 2009. The fence was inherited and needed maintenance and the applicant has done necessary work to improve the fence that was there. 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, or 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 applicant has brought forth petition signed by several neighbors that are in support of the fence. Motion carried: 5-0 The applicant is requesting a variance from Section 2515.1 of the Novi Zoning Ordinance to allow construction of a fence in the front yard of an existing home. The property is located north of Ten Mile Road and east of Beck Road in the R-4 Zoning district. CITY OF NOVI, CODE OF ORDINANCES, Section 2515.1 Fences (residential) on all lots of record are limited to 6 feet in height and shall not extend toward the front of the lot nearer than the minimum front yard setback distance unless the existing house already extends into the front yard, in which case the fence may extend to the front of the house. IN CASE NO. 12-003 Motion to remove this item from the agenda since it was withdrawn by the applicant.
The applicant is requesting a renewal for the continued placement of a temporary construction/sales trailer located at parcel 5022-09-451-028 for Novi Corporate Park beginning November 2011. The applicant was granted approval for continued placement from November 10, 2009 through November 10, 2011 from the ZBA in December 2009 (case 09-043). Petitioner also received a Temporary Use Permits 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. 12-004 Motion approve the request to allow placement of a temporary sales office for an additional two years. 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. As you drive down Twelve Mile road you notice the property and the trailer are maintained. 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, or 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, property values or the use and enjoyment of the property in the neighborhood or zoning district.Motion carried: 5-0
OTHER MATTERS Motion to adjourn the Election of Officers to the March 6, 2012 meeting. ADJOURNMENT at 8:47PM 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)
|