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View Agenda for this meeting
ZONING BOARD OF APPEALS ACTION SUMMARY
CITY OF NOVI
Regular Meeting
Tuesday, December 11, 2012 - 7:00 P.M.
Council Chambers | Novi Civic Center |45175 W. Ten Mile Road
(248) 347-0459 Roll call Members Ferrell, Gedeon, Gerblick, Ibe, Krieger, Sanghvi, Skelcy, Ghannam Present: Members Gerblick, Ferrell, Ibe, Ghannam, Krieger, Skelcy Absent: Members Shanghvi (excused), Gedeon 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 amended Approval of Minutes: Approval of the November 20, 2012 minutes Public Remarks: None The applicant is requesting variances from the CITY OF NOVI, CODE OF ORDINANCES, Section 2400 to allow construction of a new covered porch on an existing single family home on an existing lakefront corner lot with a reduced front setbacks of 5.3 ft. and 6.5 ft., a minimum side setback of 4.2 ft. an reduced and a maximum lot coverage of 37%. The applicant is further requesting variances to allow construction of an oversize and over height structure on the adjacent lakefront parcel of 200 (12.5 ft. x 16 ft.) square ft. and 10 ft. overall height. The property is located west of Novi Road and south of 12 Mile Road, in the R-4 zoning district. CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires that a structure within an R-4 zoning district have a minimum front yard setback of 30 ft., minimum side setback of 10 ft. and maximum 25% lot coverage. CITY OF NOVI, CODE OF ORDINANCES, Section 2910 limits allowable structure with water frontage to 10 ft. x 10 ft. in area and maximum 8 ft. in height. In CASE No. PZ12-0047, motion to approve the variance for the deck because there are unique circumstances and physical conditions of the property being between the road of two separate properties such as narrowness, shallowness, space, water, topography and other physical features. The need for variance is not due to the applicants’ personal or economic difficulty. The need for the deck is not self-created. The strict compliance with regulations governing area setbacks, frontage, height, bulk, density, and other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose or will render the conformity with those regulations unnecessarily burdensome. The requested variance is the minimum variance necessary to do sustainable justice to the applicant as well as other property owners in the district. This will also enhance the property value. The requested variance will not cause an inverse impact on surrounding properties or property values. Motion carried: 6-0 In CASE No. PZ12-0047, motion to deny the variance for the accessory structure on the lake front parcel. Although there are unique circumstances to the property, the need is explicitly self-created by the applicant by not checking the standards. Motion carried: 6-0 The applicant is requesting variances from the CITY OF NOVI, CODE OF ORDINANCES, Section 2400 to allow construction of a new single family home on an existing lakefront lot with a reduced front setback of 18.6 ft., a minimum side setback of 5.92 ft., a reduced aggregate side setback of 11.92 ft. and a maximum lot coverage of 37%. The property is located east of Novi Road and south of 14 Mile Road, in the R-4 zoning district. CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires that a structure within a R-4 zoning district have a minimum front yard setback of 30 ft., minimum side setback of 10 ft., a minimum aggregate side setback of 25 ft. and maximum 25% lot coverage. In CASE No. PZ12-0050, motion to approve the variance as requested because there are unique circumstances or physical conditions of the property and the need for the variance is not due to the applicants’ personal or economic difficulty. The need is not self-created. Strict compliance with regulations 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 and the variance will not cause an adverse impact on surrounding properties. Motion carried: 6-0 The applicant is requesting a variance from the CITY OF NOVI, CODE OF ORDINANCES, Signs, Section 28-5(2)d.3 to placement of a subdivision entrance sign within the public right of way. The proposed sign would be located south of 9 Mile Road and west of Haggerty Road in the R-3 zoning district. CITY OF NOVI, CODE OF ORDINANCES, Signs, Section 28-5(2)d.3 ground signs be located not less than 10 ft. from the right-of-way. In Case No. PZ12-0053, motion to table the case to the January 8th meeting. Motion carried: 6-0 The applicant is requesting a variance from the CITY OF NOVI, CODE OF ORDINANCES, Section 2400 to allow location of an accessory structure (pavilion) 17.66 ft. within the required minimum 100 ft. rear yard setback. The property is located west of Haggerty Road and south of Grand River Avenue in the I-1 zoning district. CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires that structures within an I-1 zoning district have a minimum rear yard setback of 100 ft. In CASE No. PZ12-0049, motion to approve the variance as requested. Motion carried: 6-0 OTHER MATTERS ADJOURNMENT at 7:53 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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