Roll call Members Bauer, Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel

Present: Members Bauer, Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel

Absent: None

Also Present: Steven Rumple, Community Development Director, Beth Kudla, City Attorney

Pledge of Allegiance Member Wrobel

Approval of Agenda: Member Wrobel

Approval of Minutes: None

Public Remarks: None

Harry Kubbe is requesting a variance change to allow the proposed demolition of existing and construction of a new home located at 1300 East Lake Road. This request would change 3 of the 4 variances that were granted at the January 13, 2009 ZBA meeting (ZBA08-065) as well as the conditions. 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%.

REQUIRED MINIMUM SIDE YARD SETBACK                       10 FEET
PROPOSED MINIMUM SIDE YARD SETBACKS                     5.25 FEET, 5.75 FEET
MAXIMUM VARIANCE REQUESTED                                      4.75 FEET

REQUIRED TOTAL AGGREGATE SIDE YARD SETBACK      25 FEET
PROPOSED AGGREGATE SIDE YARD SETBACK               11 FEET
VARIANCE REQUESTED                                                    14 FEET

MAXIMUM TOTAL LOT COVERAGE                                     25%
PROPOSED TOTAL LOT COVERAGE                                  33%
VARIANCE REQUESTED                                                      8%

IN CASE NO. 09-016 MOTION TO APPROVE THE APPLICANTS VARIANCES AS SUBMITTED WITH THE UNDERSTANDING THAT THE PREVIOUS VARIANCE FROM ZBA08-065 REGARDING THE HOME WOULD BE REPLACED BY THESE VARIANCES. ALSO, THE PREVIOUS VARIANCES THAT WERE GRANTED FOR THE GARAGE FROM ZBA08-065 WOULD REMAIN IN PLACE. YOU HAVE MET OUR STANDARDS AND CERTAINLY THE VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE TO YOU AND THE SURROUNDING PROPERTY OWNERS IN THE DISTRICT. THERE ARE UNIQUE CIRCUMSTANCES REGARDING THIS PROPERTY BECAUSE IT IS ON THE LAKE AND THESE ARE SMALL LOTS. WE HAVE SEEN A LOT OF THESE PROPERTIES. OUR CURRENT CODES WOULD NOT NECESSARILY APPLY STRICTLY TO THESE SMALLER LOTS BECAUSE THEY ARE NOT SELF CREATED. YOU DID NOT CREATE THIS. THE CITY CREATED THIS YEAR’S AGO. THERE WOULD BE NO ISSUES WITH LAND AND AIR AS PROVIDED TO THE ADJACENT PROPERTIES. THERE WOULD BE NO INCREASE OF FIRE DANGER OF PUBLIC SAFETY, PROPERTY VALUES WOULD NOT DIMINISH, IN FACT, I THINK THEY WOULD INCREASE. THE SPIRIT OF THE ZONING ORDINANCE WOULD BE OBSERVED.

Motion Carried: 7-0

Motion Maker: Member Ghannam

ASI Modulex is requesting a variance to install a 75 square foot ground sign based on 110 foot setback from center line of Twelve Mile Road which would require a 20 square foot variance and a request for a variance to install a second ground sign (64 square feet) to be used for tenant identification at 44050 Twelve Mile Road in the Stoneridge Office Park. The property is zoned OS-1 and is north of Twelve Mile Road and west of Novi Road.

Section 28-5 (2) (A) 1.1 states "…ground signs shall not exceed a maximum thirty (30) square feet or one (1) square foot of sign area for each two (2) feet setback from the nearest street center line as required herein, whichever is greater, with a maximum area of one hundred (100) square feet."

Section 28-5 (3) states "No building or parcel of land shall be allowed more than one (1) sign permitted under this section…"

IN CASE NO. 09-017 MOTION TO DENY THE REQUEST BASED ON THE FACT THAT IT IS CONTRARY TO THE CITY OF NOVI ORDINANCE. THE SITUATION IS SELF CREATED. IT WILL NOT GIVE THE APPLICANT ANY RELIEF FROM THE SITUATION. MULTIPLE SIGNS WILL NOT REALLY ADDRESS THIS PARTICULAR SITUATION.

Motion Carried: 5-2 (Yes: Bauer, Cassis, Ibe, Krieger, Wrobel No: Ghannam, Sanghvi)

Motion Maker: Member Cassis