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ZONING BOARD OF APPEALS ACTION SUMMARY
Regular Meeting
Council Chambers | Roll call Members Gedeon, Gerblick, Ghannam, Ibe, Krieger, Sanghvi and Skelcy Present: Members Gedeon, Gerblick, Ghannam, Ibe, Krieger, Sanghvi and Skelcy Absent: None 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: Approval of the February 14, 2012 and March 6, 2012 minutes Public Remarks: None The applicant is requesting an exception from Section 2400 of the Novi Zoning Ordinance to allow a reduction in the 10 ft. minimum side yard setback to 1.25 ft. and a reduction in the required 25 ft. minimum aggregate side setbacks to 2.25 ft. for an addition to an existing residence. The property is located west of Novi Road and south of South Lake Drive in the R-4 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 2400 of the Novi Zoning Ordinance requires a minimum side setback of 10 ft. and aggregate side yard setback of 25 ft in the R-4 Zoning District. IN CASE NO. 12-009 Motion to grant the variance as requested. There are unique circumstances or physical conditions of the property such as the 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. This house is located on Shawood Lake and that is the uniqueness of the property. The need is not self-created. The 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. 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. This should increase the property value because it is an improvement to the home. Motion carried: 7-0 The applicant is requesting exceptions from Sections 2503.2.B and 2903 of the Novi Zoning Ordinance and 28-7(a)(5) of the Novi Sign Ordinance to allow relocation of (2) 30 ft. flagpoles within 4 ft. and 10 ft. respectively of the proposed right-of-way line where 37.5 ft. is required and to allow display of (1) 50 sq. ft. commercial flag where a maximum 24 sq. ft. is allowed. The property is located at 22123 Solomon Blvd., west of Haggerty Road and south of Nine Mile Road, in the RM-1 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 2503.2.b of the Novi Zoning Ordinance requires an minimum flagpole setback of one-half the distance between the right-of-way and the principal building, Section 2903 requires that the height of a flagpole shall not exceed the distance to the nearest property line; and Section 28-7(a)(5) of the Sign Ordinance restricts the area of commercial flags to 24 sq. ft. IN CASE NO. 12-010 Motion to allow relocation of (2) 30 ft. flagpoles within 4 ft. and 10 ft. respectively of the proposed right-of-way line where 37.5 ft. is required. This variance is appropriate because there are unique circumstances to the property because this is a multi-building development and not necessarily a primary building to measure the distance to the right-of-way. The need is not self-created. Strict compliance with regulations would unreasonably prevent the property owner from using the property for a permitted purpose. 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. If the proposed right of way is ever converted to a public right of way, the property owner will be required to remove the flagpoles. Motion carried: 7-0 IN CASE NO. 12-010 Motion to allow the display of (1) 50 sq. ft. commercial flag where a maximum 24 sq. ft. is allowed. Motion carried: 6-1 The applicant is requesting exceptions from Section 2400 of the Novi Zoning Ordinance to allow a reduction of the 100 ft required front yard parking setback to 61 ft. and a reduction in of the required 20 ft. interior side yard parking setback to approximately 5 ft; an exception from Section 2509.3(b) to allow waiver of the parking area berm along the Novi Road Right of way and Section 2505 to allow a reduction from the required 300 parking spaces to 140 spaces. The property is located at 25100 Novi Rd., north of Ten Mile Road and east of Novi Road in the I-2 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires a minimum 100 ft. parking front setback for front yard parking and 20 ft. minimum side yard parking setback. Section 2509.3(b) requires a minimum 3 ft. high berm or landscape wall to screen parking and Section 2505 requires minimum parking areas based on useable building floor space. IN CASE NO. 12-011 Motion to grant the requests with a lesser variance of 7 feet for the side setback as noted by the applicant during their presentation. There are unique circumstances or physical conditions of the property that necessitate the variance and are not due to the applicant’s personal or economic difficulty. There were condemnation issues and widening of the road and the need is not self-created. Strict compliance with regulations governing area, setback parking and so forth 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 use of property in the neighborhood or zoning district. Motion carried: 7-0 The applicant is requesting an exception from Section 28-6(4) of the Novi Sign Ordinance to allow a 70 sq. ft. real estate sign where 16 sq. ft. is allowed for an ongoing commercial development. The property is located at 44050 Twelve Mile, north of Twelve Mile Road and west of Novi Road in the OS-1 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(4) allows a maximum of a 16 sq. ft. real estate marketing sign for commercial properties. IN CASE NO. 12-012 Motion to grant the variance for two (2) 35 square foot signs that are angled in a V-shape for a limit of two (2) years. 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. There is a large berm that prevents people from seeing the property. 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
The applicant is requesting an exception from Section 28-5(2)b.1.(a)(i)a. of the Novi Sign Ordinance to allow a 40.6 sq. ft. wall sign where 32.5 sq. ft. is allowed for a new commercial tenant. The property is located at 26156 Ingersol Dr., north of Grand River Ave. and east of Novi Road in the TC Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2)b.1.(a)(i)a. allows a maximum of 1.25 square feet of sign for each lineal foot of business frontage. IN CASE NO. 12-013 Motion to grant the variance as requested limited to this particular tenant. 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 is a franchise and the company dictates the way the sign looks. 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. It is located in the Novi Town Center. 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
OTHER MATTERS ADJOURNMENT at 8:30 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)
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