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ZONING BOARD OF APPEALS ACTION SUMMARY

CITY OF NOVI

Regular Meeting

Tuesday, May 11, 2010 - 7:00 P.M.

Council Chambers | Novi Civic Center |45175 W. Ten Mile Road

(248) 347-0580

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

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

Absent: NONE

Also

Present: Charles Boulard, Community Development Director, Beth Kudla, City Attorney, Malinda Martin , Senior Customer Service Rep.

Pledge of Allegiance Member Krieger

Approval of Agenda: APPROVAL

Approval of Minutes: April 13, 2010

Public Remarks: NONE

  1. Case No. 10-009 MacKenzie North Technology Centre

Brian J. Hughes of HCP Land, LLC is requesting a variance to allow an extension of ZBA08-066 for a 32 SF leasing sign for MacKenzie North 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. 10-009 Motion to grant an extension for continuance use of this sign for one year. The request is based upon circumstances of 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. The failure to grant relief will unreasonably prevent or limit the use of the property and would result in substantially more than mere inconvenience or inability to attain a higher economic or financial return.

Motion Carried: 7-0
Motion Maker: Member Cassis

2. Case No. 09-042 43025-43043 Grand River Avenue Novi Food Center

The petitioner is requesting set back variances to permit construction of parking lot improvements and expansion of the parking lot located in the front yard of four existing retail buildings located at 43025 to 43043 Grand River Avenue. The property is zoned TC-1, Town Center, and located on the south side of Grand River Avenue between Sixth Gate Road and Main Street. Various retail tenants currently occupy the buildings.

CITY OF NOVI CODE OF ORDINANCES, Section 1602 and Section 2400 requires parking spaces to be set back a minimum of 20 feet from the right-of-way. The applicant is proposing to modify the existing parking area with landscaping and curb improvements and to expand the parking area by three parking spaces. The proposed improvements would not meet the setback requirements since they are proposed within the right-of-way

IN CASE NO 09-042 Motion to grant the setback variances to permit construction of the parking lot improvements and expansion of the parking lot located in the front of the 4 existing retail buildings. The frontage, setback, density requirements unreasonably prevent the use of the property for a permitted purpose. The variance will provide substantial justice to the petitioner and surrounding property owners in the zoning district. There are unique circumstances to the property and the problem is not self created. Adequate light and air are provided to adjacent properties. There is no increase of fire or public safety danger. Property values will not be diminished within surrounding area and it is within the spirit of the Zoning Ordinance.

Motion Carried 7-0
Motion Maker: Member Skelcy

3. Case No. 10-010 21650 Novi Road Estate Storage

The petitioner is requesting variances from Article 24 and Section 2505 (2) of the Zoning Ordinance and 28-10 (b)(11)(a) 3 & 4 of the sign ordinance to allow pick up and drop off parking of rental vehicle(s) in the front yard of an existing storage facility. The property is zoned I-1 and is south of Nine Mile Road and east of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Article 24 Section 2505 (2) Off-street parking shall not be permitted within a front yard nor within a minimum side yard setback unless otherwise provided in this Ordinance. Section 28-10(b)(11)(a)(3 & 4) Unlawful motor vehicle signs.

IN CASE NO 10-010 Motion to deny the request. It is in conflict with the City of Novi ordinance. It actually puts 1, 2 or 3 signs on those trucks in additional to the existing sign. There is a good reason for the standards in the ordinance. Parking of the trucks in the front could create problems with fire trucks and safety. This does not meet the spirit of the zoning ordinance. The need for the variance is self created because the petitioner could manage the business to pull truck (s) back right away or direct the customers how to.

Motion Carried 7-0
Motion Maker: Member Cassis

4.Case NO. 10-011 27475 Huron Cir Waltonwoods

G. Michael Kahm of Singh Development, LLC representing Waltonwood at Twelve Oaks is requesting renewal of a variance to allow continued placement of a 41 square foot temporary leasing sign, 11 feet in height located at 27475 Huron Circle Waltonwood. The property is zoned RM-1 and is located south of Twelve Mile Road and east of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) Sale, rental or lease sign which identifies the sale, rental, or lease of the residential property (other than multiple-family apartment complexes) are not to exceed sixteen (16) square feet in area nor more than ten (10) feet in height.

IN CASE NO. 10-011 Motion to approve the request for a one year extension. During the course of the one year, the petitioner will use good faith and best effort to have a permanent monument sign which would replace the existing temporary sign. The request is based upon circumstances of features that are exceptional and unique to the property. Due to the economic situation the petitioner might need additional time to get the occupancy that is required. 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.

Motion Carried: 7-0
Motion Maker: Member Ibe

5. Case No. 10-012 22960 Venture Drive

SunGlo Services is requesting a variance to locate an accessory structure in the interior side yard of the property located at 22960 Venture Drive.  The property is zoned I-1 and is located north of Nine Mile Road between Novi and Meadowbrook Roads.

CITY OF NOVI, CODE OF ORDINANCES, Section 2503.2.A requires accessory structures to be placed in the rear yard.

IN CASE NO 10-012 Motion to approve the request for the variance to locate the accessory structure in the interior side yard of the property. The property is zoned I-1. The setback, frontage, height, bulk and density requirements unreasonably prevent the use of the property for the permitted use. The variance will provide substantial justice to the petitioner and surrounding property owners in the zoning district. The problem is not self created. Adequate light and air will be provided as well as the trees that the petitioner has provided in his pictures. It will not diminish the surrounding area. The spirit of the Zoning Ordinance is observed.

Motion Carried 7-0
Motion Maker: Member Krieger

6. Case No. 10-013 25928 Sierra Drive

The petitioner is requesting a variance to allow construction of a single story addition and deck to the rear of the existing home located at 25928 Sierra Drive. Property is zoned R-A and is located south of Eleven Mile Road and east of Beck Road.

REQUIRED MINIMUM REAR YARD SETBACK      50 FEET (existing 48)
PROPOSED MINIMUM REAR YARD SETBACK    33 FEET
VARIANCE REQUESTED                                     17 FEET

REQUIRED MINIMUM REAR YARD SETBACK      32 FEET
PROPOSED MINIMUM REAR YARD SETBACK     23 FEET
VARIANCE REQUESTED                                        9 FEET

CITY OF NOVI, CODE OF ORDINANCES, Article 2400 Schedule of Regulations which requires a 10 foot minimum side yard setback, a 25 foot aggregate side yard setback and allows an open rear deck to extend a maximum of 18 into the required rear yard setback.

IN CASE NO 10-013 Motion to approve both variances as requested. The setback, frontage, height, bulk and density requirements unreasonably prevent the use of the property for a permitted purpose. The variance will provide substantial justice to the petitioner and surrounding property owners in the zoning district. There are unique circumstances to the property. The problem is not self created. Adequate light and air will be provided to adjacent properties. The variances do not increase the fire danger or reduce public safety. Properties values will not be diminished within the surrounding area. The spirit of the Zoning Ordinance is observed.

Motion Carried 7-0
Motion Maker: Member Ghannam

7. Case No. 10-014 41370 Bridge Street

The petitioner is requesting a variance to install an additional real estate leasing sign of 24 SF adjacent to I-96 for 41370 Bridge St. The property is zoned I-1 and is located east of Meadowbrook Road and south of I-96.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) permits one 16 square foot leasing sign per parcel of property.

IN CASE NO 10-014 Motion to grant the request as made by the applicant for 1 year. The request is based upon circumstances of features that are exceptional and unique to the property being that we are living in hard economic times. The petitioner certainly needs extra help. The failure to grant relief will not 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. This is consistent with the spirit of the ordinance.

Motion Carried 7-0
Motion Maker: Member Ibe

8. Case No. 10-015 43700 Expo Center Drive

The petitioner is requesting a variance to install an oversize and over height real estate leasing sign of 100 SF and 13 feet in height for 43700 Expo Center Drive adjacent to the I-96 expressway. The property is zoned EXPO and is located west of Novi Road and south of I-96.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) permits a lease sign which identifies the sale, rental, or lease of the non-residential property to be a maximum of 16 square feet and 10 feet in height.

IN CASE NO 10-015 Motion to approve the variance as requested for 1 year or until the property is either leased or sold if less. The request is based upon circumstances of 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. The failure to grant relief will not 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 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.

Motion Carried 7-0
Motion Maker: Member Ghannam

OTHER MATTERS

Mr. Boulard states that Member Krieger had brought up at the last Zoning Board of Appeals meeting about lighting issues at Fountain Walk. Mr. Boulard stated that he will be meeting with someone from the development company on Friday, May 14th morning to discuss this issue.

The Zoning Board of Appeals members asked about clarification on the planning commissioner representative taking part in the discussion on a ZBA case that had previously went before the Planning Commission. Members asked to have this matter reviewed more.

Meeting adjourned at 9:00 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.