View Agenda for this meeting 
View Minutes for this meeting

ZONING BOARD OF APPEALS ACTION SUMMARY

CITY OF NOVI

Regular Meeting

Tuesday, March 6, 2012 - 7:00 P.M.

Council Chambers | Novi Civic Center |45175 W. Ten Mile Road

(248) 347-0459

Roll call Members Gedeon, Gerblick, Ghannam, Ibe, Krieger, Sanghvi and Skelcy

Present: Members Gedeon (arrived at 7:09pm), Gerblick, Ghannam, Ibe, Krieger, Sanghvi and Skelcy

Absent: None

Also Present: Andy Gerecke, Building Official, 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. 12-001 50630 Amesburg Drive

    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 approve the request as requested. There are unique circumstances or physical conditions of the property such as the curve in the road which separates these two houses. The need is not self-created and 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.

    Motion carried: 6-0
    Motion maker: Gerblick

  2. Case No. 12-005 TJ MAXX 43175 CRESCENT BLVD

    The applicant is requesting a variance from Section 28-5(2)b.1.(a)(i)a of the City of Novi Sign Code to allow a 162 square foot oversize wall sign for an existing retail use. The property is located east of Novi Road and south of Crescent Blvd. in the TC, Town Center District.

    CITY OF NOVI, CODE OF ORDINANCES, Sign Code Section 28-5(2)b.1.(a)(i)a allows 1.25 square feet of signage per linear foot of continuous public or private street frontage up to a maximum of 65 square feet.

    IN CASE NO. 12-005 Motion to approve a lesser variance from 162 square feet to 85 square feet as described with the white lettering above the door. The applicant will remove the existing sign and replace with this new sign. 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 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

    Motion carried: 7-0
    Motion maker: Krieger

  3. Case No. 12-006 2105 West Lake Drive

    The applicant is requesting variances from Section 2400 of the Novi Zoning Ordinance to allow addition of a new attached garage and partial second floor area within the required side yards of a parcel with an existing home and to allow the structure to exceed the allowable lot coverage. The property is located east of West Lake Drive and north of South Lake Drive in the R-4, One Family Residential District.

    CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires a minimum side yard setback of 10 feet and a minimum aggregate of side yard setbacks of at least 25 feet. The same Section of the Ordinance allows a maximum of 25% lot coverage.

    IN CASE NO. 12-006 Motion to approve the variance as requested. 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 need is not self-created.

    Motion carried: 7-0
    Motion maker: Skelcy

  4. Case No. 12-007 WALMART 26090 INGERSOL DR

The applicant is requesting a variance from Section 28-5(2)b.1.(a)(i)a of the City of Novi Sign Code to allow a 298 square foot oversize wall sign and 28-5 (3) to allow 4 additional wall signs beyond the sign wall sign permitted for new retail use. The property is located east of Novi Road and south of Crescent Blvd. in the TC, Town Center District.

CITY OF NOVI, CODE OF ORDINANCES, Sign Code Section 28-5(2)b.1.(a)(i)a allows 1.25 square feet of signage per linear foot of continuous public or private street frontage up to a maximum of 65 square feet.

CITY OF NOVI, CODE OF ORDINANCES, Sign Code Section 28-5(3) permits only one sign for this business.

IN CASE NO. 12-007 Motion to approve for the main sign for a variance of 233 square feet and also a variance for 4 additional signs for identification purposes. 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 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: 5-2
Motion maker: Sanghvi

OTHER MATTERS

  1. ELECTION OF OFFICERS

Linda Krieger as Secretary
Donna Skelcy as Vice Chair
Rickie Ibe as Chairman

ADJOURNMENT at 7:54 PM

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)