ZONING BOARD OF APPEALS ACTION SUMMARY
Council Chambers |
Roll call Members Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy, Wrobel and Gedeon
Present: Members Wrobel, Skelcy, Ibe, Krieger and Gedeon
Absent: Members Cassis, Sanghvi and Ghannam
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: Approved
Approval of Minutes: None
Public Remarks: None
The petitioner is requesting variances on behalf of the property owner to address non-conformity that will result from the designation of additional highway easement for the new railroad bridge on Novi Rd. for parking setbacks, minimum parking space size, parking screening, landscaping and street trees. The property is zoned TC-1 and is located south of Grand River and east of Novi Road
IN CASE NO 10-029 Motion to grant the variance in this case sought by the Road Commission for Oakland County for 25750 Novi Road because the petitioner has established that the widening of the Novi Road right of way and associated road construction project causes a practical difficulty relating to the property, including some or all of the following criteria. Petitioner has established that the property is unique because the buildings and parking are existing and that the physical condition of the property creates the need for a variance because the widening of the Novi Road right of way by the Road Commission and the associated road construction improvements will cause the property to be non conforming in several respects. The need for the variance is not self-created, because the property owners are not responsible for the widening project. Strict compliance with dimensional regulations of the Zoning Ordinance, will unreasonably prevent Petitioner from using the property for the permitted purpose as existing building and parking will make it unnecessarily burdensome to comply with the regulation because the buildings are existing and can’t be moved and the improvements are required by the road construction plans. Petitioner has established that the variance is the minimum necessary because a lesser variance would not allow the construction of the roadway project as planned. The requested variance will not cause adverse impact on surrounding property, property values, or the enjoyment of property in the neighborhood or zoning district, because the public will benefit from the widening of Novi Road and the construction of the associated road improvements. As a result of the variance the property shall be considered by the City of Novi to be in conformity with the Zoning Ordinance for all future uses with respect to the non conformity for which each variance was granted. Moreover if the subject property was also non-conforming for other reasons, by granting the requested variances, the City of Novi has not taken any position on the effect on the status of the other pre-existing non conformities. The owner of the property may not increase the non-conformity for which each zoning variance was granted without the consent of the City of Novi.
Motion carried: 5-0
REQUIRED MINIMUM REAR YARD SETBACK
IN CASE NO 10-031 Motion to approve the request for the variance from the minimum rear yard requirement to allow construction of a sunroom in the rear of the existing residence. The petitioner has mentioned his practical difficulty and he will honor the access concerns of the neighbors. The variance will not cause any trespassing on the property of the surrounding neighbors. The maximum variance request is 12.5 feet from the minimum 35 foot rear setback and this setback will unreasonably prevent the use of the property for a permitted purpose. A variance will provide substantial justice to petitioner and surrounding property owners. These are unique circumstances to this property. it is not self created. Evidence of adequate light and air is provided as by the satellite image and it is in the spirit of the zoning ordinance.
Motion carried: 5-0
The petitioner is requesting variances to add additions to connect an existing 2 car attached garage to a 3 car attached garage. Property is zoned R-4 and is located south of Ten Mile Rd and east of Meadowbrook Rd.
REQUIRED FRONT YARD SETBACK
REQUIRED MINIMUM STRUCTURE SIDE YARD SETBACK
REQUIRED AGGREGATE SIDE YARD SETBACK
IN CASE NO 10-032 Motion to grant the variances as requested because 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 in that the property is somewhat pie shaped. The problem is not self created. There will be adequate light and air provided to adjacent properties. There is no increase of fire danger or public safety. Property values will not be diminished within the surrounding area. There are also other residences that have 3 car garages. The spirit of the Zoning Ordinance is observed.
Motion carried: 5-0
The petitioner is requesting a variance to construction a screened porch on an existing deck. Property is zoned R-2 and is located south of Fourteen Mile Road and east of Novi Road.
REQUIRED REAR YARD SETBACK
IN CASE NO 10-033 Motion to grant the variance as requested because 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 petitioner and the surrounding owners in the zoning district. There are unique circumstances to the property which would include the mosquito invested water and wetlands. The problem is not self created. There is adequate light and air provided to adjacent properties. There is no increase of fire danger or public safety. Property values will not be diminished within the surrounding area and the spirit of the Zoning Ordinance is observed.
Motion carried: 5-0
The City Attorney’s office is trying to schedule a training session for the Zoning Board of Appeals members in September 2010.
Adjourned at 8:00 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.