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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, Ghannam, Ibe, Krieger, Sanghvi Absent: Members Gerblick and Skelcy Also Present: Charles Boulard, Director of Community Development, Tom Schultz, City Attorney and Angela Pawlowski, Recording Secretary Pledge of Allegiance Approval of Agenda: Approved as amended Approval of Minutes: Approval of the April 10, 2012 Minutes as amended Public Remarks: None
The applicant is requesting variances to allow reduced side yard setbacks of 5 ft., on each side respectively, a front yard setback of 19.33 ft. and a maximum lot coverage of 34% for a new residence proposed to be constructed on an existing lot. The property is located east of West Lake Drive and north of South Lake Drive in the R-4 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires minimum and aggregate side yard setbacks of 10 ft. and 25 ft. respectively, a front yard setback of 30 ft. and maximum lot coverage of 25%. IN CASE NO. 12-014 Motion to grant the variances as requested. There are unique circumstances and physical conditions of the property not due to the applicant’s personal or economic difficulty. The need is not self-created given the nature of the lot. The strict compliance with regulations governing area, 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. 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 to install a 51 in. tall masonry fence in the perimeter fence and approximately 7 ft. high decorative aluminum gate in the front yard of a residence. 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 of the Zoning Ordinance limits residential fences to 6 ft. in height and indicates that fences shall not extend toward the front of the lot nearer than the minimum front yard setback distance. IN CASE NO. 12-015 Motion to deny the motion as requested. There are no unique circumstances or physical conditions to the property that would necessitate the variance. The request is only based upon the applicants personal and business needs. Strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will not unreasonably prevent the property owner from using the property for a permitted purpose, specifically use as a single family home. The requested variance is greater than the variance necessary to do substantial justice to the applicant as well as to other property owners in the district. The requested variance will 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 variances to allow installation of a13 ft. high over height 137 sq. ft. oversize shopping center sign listing individual tenant names in addition to the single ground sign allowed by right and an additional ground sign previously approved for the site through a variance. The property is located east of Beck Road and south of 14 Mile Road in the B-3 Zoning District. Section 28-5(1)d does not allow tenant names on a business center sign in the B-3 district, 28-5(3)d allows only one business center sign per parcel of property, 28-5(2)a2ii limits ground sign height to 6 ft. and 28-5(2)a1i limits business center signs to 1 sq. ft. of sign area for each 2 ft. of setback with a maximum of 100 sq. ft. IN CASE NO. 12-016 Tabled to the June 12, 2012 meeting.
The applicant is requesting variances from Table 2400 of the Novi Zoning Ordinance to allow reduced side setbacks of 3 ft. on each side of a proposed bonus room and garage addition to an existing residence, the applicant is also requesting a variance to allow an additional 17.5% lot coverage. The property is located east of West Lake Drive and north of South Lake Drive in the R-4 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires a minimum side yard setback of 10 ft., and 25 ft. aggregate for the two side yards. Maximum lot coverage is limited to 25%. IN CASE NO. 12-017 Motion to approve the request. There are unique circumstances or physical conditions of the property such as narrowness, shallowness, shape, water, topography. The need is not due to the applicant’s personal or economic difficulty. 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 and zoning district. Motion carried: 5-0 The applicant is requesting a variance from Section 28-10 of the Novi Sign Ordinance to allow continued installation of a 20.5 sq. ft., 5 ft. 5 in. high business tenant way finding sign within an existing retail center. The property is located west of Beck Road and north of Grand River Avenue in the B-2 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Sign Ordinance Section 28-10(a) states that a sign not expressly permitted is prohibited. The proposed sign is not permitted under the Sign Ordinance. IN CASE NO. 12-018 Motion to approve the variance as requested. The request is based on 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. Specifically the shape of the building prevents visibility from the main entrance of the shopping center. 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. This approval is specific to this sign that is currently exists in only this location. Motion carried: 5-0
OTHER MATTERS ADJOURNMENT at 7:59 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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