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ZONING BOARD OF
APPEALS ACTION SUMMARY
Roll callMembers Bauer, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel
Present: Members Bauer, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel
Also Present: Beth Kudla, City Attorney; Alan Amolsch, Ordinance Officer; Charles Boulard, Bulding Official; Steve Rumple, Community Development Director
Pledge of Allegiance: Member Skelcy
Approval of Agenda: Member Wrobel
Approval of Minutes: November 12, 2008 with changes, December 9, 2008
Public Remarks: None
1. Case No. 08-063 Filed by Patty Loose of Sign Fabricators for ROJO Mexican Bistro located at 44375 Twelve Mile Road
Patty Loose of Sign Fabricators is requesting a variance to allow one additional 64 square feet wall sign for the ROJO Mexican Bistro suite within Twelve Mile Crossing. The business has a permitted wall sign. The property is zoned RC and located west of Novi Road and south of Twelve Mile Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 28 5 (3) f. Where two (2) or more separately owned and operated businesses occupy a building on a single parcel of land, each having a separate exterior entrance, each business is entitled to a single identification wall sign if not otherwise entitled to a wall sign under this Chapter.
IN CASE NO. 08-063 MOTION TO DECLINE THE REQUEST OF THE APPLICANT DUE TO INSUFFICIENT EVIDENCE OF PRACTICAL DIFFICULTY. THE AREA IS A DESTINATION. THE REQUEST IS BASED UPON CIRCUMSTANCES OR FEATURES THAT ARE EXCEPTIONAL AND UNIQUE. THE FAILURE TO GRANT RELIEF WONT PREVENT THEM FROM USING THEIR PROPERTY. THE GRANT OF THE RELIEF WILL NOT RESULT IN USE OF STRUCTURE THAT IS INCAPABLE WITH UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES.
Motion Carried: 6-0
2. Case No. 08-064 Filed by Dan Collins of Harmon Sign dba Planet Neon for 41650 Gardenbrook-Dale Carnegie Training
Dan Collins of Harmon Sign dba Planet Neon is requesting a variance to install 45 square feet of wall sign in place of the ground sign that would be allowed by ordinance. The property is zoned I-1 and located west of Meadowbrook Road and north of Eleven Mile Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 28 10 (a) A sign not expressly permitted is prohibited
IN CASE NO. 08-064 MOTION TO GRANT THE APPROVAL OF THE PETITION AS STATED AND DESIGNED AS SHOWN TO THE BOARD. THE STANDARDS FOR GRANTING A SIGN VARIANCE HAVE BEEN MET IN TERMS OF THE PRACTICAL DIFFICULTY STANDARD. 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. 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 HIGH 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 AND WILL RESULT IN SUBSTANTIAL JUSTICE BEING DONE TO THE APPLICANT.
Motion Carried: 7-0
3. Case 08-065 Filed by Harry Kubbe for 1300 East Lake Road
Harry Kubbe is requesting four variances for the construction of a proposed addition to an existing home and the construction of a proposed addition to the detached garage located at 1300 East Lake Road. The detached garage addition also requires a variance to allow the addition to an existing accessory structure located in a front yard. Property is zoned R-4 and is located north of Thirteen Mile Road and west of Novi Road.
CITY OF NOVI, CODE OF ORDINANCES, Article 2400 Schedule of Regulations requires a 10 foot minimum side yard setback, a 25 foot aggregate side yard setback and maximum total lot coverage of 25%.
CITY OF NOVI, CODE OF ORDINANCES, Section 2503 1. G. Accessory Uses states an accessory building shall not be located closer than 6 feet to any interior side lot line.
CITY OF NOVI, CODE OF ORDINANCES, Section 2503 1. B. Accessory Uses states accessory buildings shall not be erected in any required front yard.
IN CASE NO. 08-064 MOTION WAS MADE TO APPROVE THE PETITION AS FILED AND AS IT HAS BEEN PRESENTED TO THE BOARD TONIGHT FOR ALL FOUR (4) VARIANCES. IT DOES APPEAR BASED ON THE CONDITION OF THE PROPERTY THAT IF WE DO NOT GRANT THE RELIEF AS REQUESTED IT WOULD UNREASONABLY PREVENT THE USE OF THE PROPERTY FOR ITS PERMITTED PURPOSE. IT IS AN UNUSUAL SITE. ALL OF THESE LAKE FRONT PROPERTIES ARE UNUSUAL BECAUSE THEY ARE NARROW AND LONG. SINCE THE EXISTING GARAGE IS THE CLOSEST STRUCTURE TO THE STREET. IT DOES NOT APPEAR THAT THE ADDITION TO THE GARAGE OR THE ADDITION TO THE HOME WOULD AFFECT SURROUNDING PROPERTIES OR OWNERS IN THE DISTRICT. THERE ARE UNIQUE CIRCUMSTANCES TO THE PROPERTY. IT IS NOT SELF CREATED. THERE WOULD BE NO ISSUES WITH LIGHT OR AIR TO ADJACENT PROPERTIES. WE HAVE NOT HEARD ANY EVIDENCE THAT THERE WOULD BE ANY FIRE DANGER OR PUBLIC SAFETY ISSUES THAT DO NOT ALREADY EXIST. PROPERTY VALUES WOULD NOT BE DIMINISHED WITHIN SURROUNDING AREA. I THINK THAT THEY WOULD BE IMPROVED. IT APPEARS THAT THE ZONING ORDINANCES IS OBSERVED. THESE VARIANCES WOULD BE CONDITIONED UPON THE SUCCESSFUL CLOSING OF THE PETITIONERS PURCHASE OF THE PROPERTY FROM THE EXISTING OWNER.
Motion Carried: 5-2
4. Case 08-066 39500 & 39525 MacKenzie Drive
Brian J. Hughes of HCP Land, LLC is requesting 2 variances to allow 2 leasing signs @ 32 Square feet each for MacKenzie South Technology Centre. The property is zoned OST and is located west of Haggerty Road and north of Thirteen Mile Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 28 6 (5) Sale, rental, or lease sign which identifies the sale, rental or lease of vacant unplatted property upon which the sign is located. Maximum area permitted is 16 square feet one sign permitted per parcel of land.
IN CASE NO. 08-066 MOTION TO GRANT THE REQUEST MADE BY THE PETITIONER AS TO ONE SIGN, SINCE IT IS ONE PARCEL CURRENTLY. THE REQUEST IS BASED ON CIRCUMSTANCES AND FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY OR ARE SELF CREATED. SECONDLY, FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY. SINCE THE PARTY IN THIS CASE IS TRYING TO MARKET THE NEW DEVELOPMENT, FAILURE TO GRANT, OBVIOUSLY WILL CREATE AN INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN EXPECTED BY THE PETITIONER. THE GRANT OF THE RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERE WITH ADJACENT OR SURROUNDING PROPERTIES. THE SIGN VARIANCE IS LIMITED TO ONE YEAR. THE MOTION IS FOR ONE SIGN OF 32 SQUARE FEET.
Motion Carried: 5-2
5. Case 08-068 26750 Providence Parkway Novi Orthopaedic Center
Ed Bezilla of Visual Entities Inc. is requesting a variance to install a 9 high monument sign for the Novi Orthopaedic Center. The property is zoned OSC and is located west of Beck Road and south of Grand River Avenue.
CITY OF NOVI, CODE OF ORDINANCES, Section 28 5 (2) a. 2. ii "ground signs shall not exceed a height of six (6) feet"
IN CASE NO. 08-068 MOTION TO DENY THE VARIANCE TO INSTALL A 9 FOOT HIGH MONUMENT SIGN FOR NOVI ORTHOPEDIC CENTER, SINCE THE PETITIONER DOES NOT PRESENT A PRACTICAL DIFFICULTY AND EXISTING SIGNAGE SHOULD BE SUFFICIENT FOR THE PRESENT.
Motion Carried: 6-1
6. Case 08-069 46100 Grand River Avenue Rock Financial
Blair Bowman of ServMan, LLC. is requesting 5 variances to install an off-premise advertising pole sign of 672 square feet to be mounted with the top of the sign at 50 above grade. This sign is proposed to be located within 1200 feet of existing off premises advertising signs. The property is zoned EXO and is located north of Grand River and west of Taft Road.
CITY OF NOVI, CODE OF ORDINANCES,
Section 28 -5 (a) Changeable copy signs are to be business ground sign only
Section 28 -8 (1) Off-premise advertising signs are permitted in I-2 zoning district only
Section 28 -8 (2) Off-premise advertising signs are not to be more than 300 square feet in area, nor more than 15 in height
Section 28-8 (3) No off premise advertising sign shall be located closer than 1,200 feet from another off premise advertising sign.
Section 28-1 (5) Applicant may need the additional variance if the sign does not maintain a static message and the transition from one static display to another be instantaneous without any special effects.
IN CASE NO.08-069 MOTION TO ADJOURN THE CASE UNTIL THE MARCH 17, 2009 ZONING BOARD OF APPEALS MEETING BY MUTUAL AGREEMENT. THE BOARD WOULD LIKE TO GET A LEGAL OPINION ON THE STATE VERSES CITY STANDARDS AND WHO SUPERSEDES. ALSO, THE BOARD WOULD LIKE INFORMATION FROM THE ORDINANCE REVIEW COMMITTEE AND THE CITY COUNCIL. THIS ADJOURNMENT WOULD ENABLE MR. BOWMAN TO GET SOME INPUT FROM CITY COUNCIL.
Motion Carried: 6-1
Meeting adjourned at 9:40 PM
NOTICE: People with disabilities needing accommodations for effective participation in this meeting should contact the Community Development Department (248) 347-0415 at least seven working days in advance of the meeting. An attempt will be made to make reasonable accommodations.