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ZONING BOARD OF
APPEALS ACTION SUMMARY
Roll call Members Bauer, Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel
Present: Member Bauer, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel
Absent: Member Cassis
Present: Charles Boulard, Community Development Director, Beth Kudla, City Attorney, Malinda Martin, Senior Customer Service Representative
Pledge of Allegiance Member Wrobel
Approval of Agenda: Approved
Approval of Minutes: Approved with corrections
Public Remarks: None
1. Case 09-030 25875 Novi Road – Suite 124 – City Center Plaza
The petitioner is requesting a variance of 23 square feet to allow installation of a 48 square foot wall sign located at 25875 Novi Road – Suite 124 at the City Center Plaza. The property is zoned TC-1 and is located west of Novi Road and south of Grand River Avenue.
CITY OF NOVI, CODE OF ORDINANCE, Section 28-5 (2)b.1.(b)(i), states: "A business having a first floor pedestrian entrance shall be allowed one and one-fourth (1 ¼) square feet of signage per linear foot of contiguous public or private street frontage up to a maximum of sixty-five (65) square feet."
IN CASE NO 09-030 MOTION TO GRANT THIS VARIANCE AS REQUESTED. GIVEN THAT IT IS THE EXACT SAME SIGN MOVED TO A DIFFERENT LOCATION. THE REQUEST IS BASED ON CIRCUMSTANCES THAT ARE UNIQUE OR EXCEPTIONAL TO THIS PARTICULAR TENANT AND THIS PARTICULAR PROPERTY. FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY, IT WILL NOT RESULT IN THE USE OF A STRUCTURE THAT IS INCOMPATIBLE OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES. JUSTICE WILL BE DONE TO THE APPLICANT AND THE SURROUNDING PROPERTIES AND IT IS NOT INCONSISTENT WITH THE ORDINANCES. EVERY CASE IS TREATED SEPARATELY AND THE MOTION RELATES TO THIS SPECIFIC SIGN THAT HAS ALREADY BEEN MOVED.
Motion Carried 7-0
2. Case 09-031 40399 Grand River Avenue – Beech Tree Plaza
Jason Fochtman of Jeffery Scott Architects for The Kroger Company is requesting a variance to permit the installation of a proposed generator in the interior side yard of the existing Kroger Company offices located at 40399 Grand River Avenue. The property is zoned I-1 and is located on the south side of Grand River Avenue, between Joseph Drive and Bashian Drive.
CITY OF NOVI, CODE OF ORDINANCES, Section 2503.2.A requires all accessory structures to be located in the rear yard.
IN CASE NO 09-031 MOTION TO APPROVE THE REQUEST FOR THE INSTALLATION OF A PURPOSED GENERATOR IN THE INTERIOR SIDE YARD OF THE EXISTING OFFICES LOCATED AT 40399 GRAND RIVER AVENUE. ACCORDING TO THE PETITIONER’S STATEMENTS AND THE CITY THAT THEY WOULD BE ABLE TO WORK IT OUT WITH THE POSITION OF THE GENERATOR AND THE ENCLOSURE AND THE SOUND REQUESTS. THE SETBACK VARIANCE REQUIREMENT DOESN’T UNREASONABLY PREVENT THE USE OF THE PROPERTY FOR A PERMITTED USE. THE VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AND SURROUNDING PROPERTY OWNERS. IT IS ADEQUATE FOR LIGHT AND AIR AND DOES NOT INCREASE THE FIRE DANGER OR PUBLIC SAFETY. IT IS IN THE SPIRIT OF THE ZONING ORDINANCE.
Motion Carried 7-0
3. Case 09-032 21355 Meadowbrook Road
Michael A. Mikulan of Northville Cooperative Preschool is requesting a variance to permit the installation of a preschool/day care center accommodating less than 50 children at existing classroom space at the Meadowbrook Congregational Church located at 21355 Meadowbrook Road without providing a fenced in recreation area. The property is zoned R-1 and is located on the western side of Meadowbrook Road between Nine Mile Road and Eight Mile Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 402.4.b requires all day care centers accommodating 50 children or less to provide a fenced outdoor recreation area. For each person cared for a minimum of 150 square feet of outdoor recreation space should be provided. The applicant has indicated a maximum of 23 children will be present at any one time necessitating a 3,450 square foot outdoor recreation area.
IN CASE NO 09-032 MOTION TO DENY BECAUSE IT DOES NOT MEET THE CITY’S GUIDELINES IN THAT A DENIAL WILL NOT UNREASONABLY PREVENT THE USE OF THE PROPERTY FOR A PERMITTED PURPOSE. THE VARIANCE WILL NOT PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER OR SURROUNDING PROPERTY. THERE ARE NOT UNIQUE CIRCUMSTANCES OF THE PROPERTY. THERE WOULD BE AN INCREASE OF PUBLIC SAFETY ISSUES IN TERMS OF INCREASED DANGER. THE SPIRIT OF THE ZONING ORDINANCES WOULD NOT BE OBSERVED IF IT WAS APPROVED.
Motion Carried 7-0
4. Case 09-033 26054 Novi Road – Bagger Dave’s
The petitioner is requesting a variance to allow installation of one (1) additional 50 square foot wall sign on the west elevation of the multi tenant building located at 26054 Novi Road for Bagger Dave’s. The property is zoned TC and located north of Grand River and east of Novi Road.
Section 28-5 (3) states: "Number of on-premises advertising signs permitted: No building or parcel of land shall be allowed more than one (1) sign permitted under this section…."
IN CASE NO. 09-033 MOTION TO TABLE THIS REQUEST UNTIL SEPTEMBER 8, 2009 ZONING BOARD OF APPEALS MEETING.
Motion Carried: 7-0
MEETING ADJOURNED AT 8:05 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.