ZONING BOARD OF APPEALS ACTION SUMMARY
Council Chambers |
Roll call Members Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy, Wrobel and Gedeon
Present: Members Ghannam, Ibe, Krieger, Sanghvi, Skelcy, Wrobel and Gedeon
Absent: Member Cassis
Also Present: Charles Boulard, Community Development Director, Beth Kudla, City Attorney, Malinda Martin, Senior Customer Service Rep.
Pledge of Allegiance Member Ghannam
Approval of Agenda: APPROVED
Approval of Minutes: NONE
Public Remarks: NONE
The petitioner is requesting variances to allow installation of a maximum 50 SF, 40 ft tall pole sign located on the Stricker paint property and an off-premises monument sign of 50 SF maximum in addition to existing signs with the exception of those to be removed from the Right of Way to address the reduced visibility for existing non-conforming signage that would result from the additional highway easement for the new railroad bridge on Novi Rd. The property is zoned I-1 and is located west of Novi Rd and south of Grand River.
Section 28-5 (1)c. regarding signs permitted according to district states: "In any industrial district (I-1, I-2) on-premises advertising signs as follows: 1. Business sign: Ground sing, wall sign or canopy sign.
Section 28-8 Off-premises advertising signs permitted according to district. (1) Ground Pole signs and wall signs only shall be permitted in an I-2 district only.
IN CASE NO. 10-040 Motion to grant the variance which would include a non-conforming replacement sign as will as an off premise monument sign which is 6 ft by 8 ft wide on the south side of the building. The petitioner has shown practical difficulty requiring the additional monument sign and the property sign. Without the variance, the petitioner would be unreasonably prevented or limited with respect to the use of the property because of the changes to Novi Road. The property is unique because of its location in relation of the location of the bridge. The petitioner did not create the condition because it is the County making the road changes. The relief granted will not unreasonably interfere with adjacent or surrounding properties because it is the soul business on that side of the road. The relief is consistent with the spirit of the intent of the ordinance because it provides Striker Paint with proper signage to alert potential customers of its location. The off premise sign is 44 SF and 6 FT in height and the on premise sign is 32 SF and 4.6 FT in height. Also the existing non-conforming in the Right of Way sign will be removed.
Motion Carried: 7-0
The petitioner is requesting variances to construct an open deck extending 12’ into the required front yard and an additional 5’ into the required exterior side yard from the existing residence at 901 South Lake Drive The petitioner is also requesting variances to allow construction of a storage shed located within 8’ of the existing residence, within 4 ‘ of the rear property line and extending into the exterior side yard increasing the total lot coverage to 27%. The property is zoned R-4 and is located east of West Park Drive on the corner of South Lake Dr and Maudlin.
NOVI CODE OF ORDINANCES: Section 2907, Porches: Decks states that open, unenclosed and uncovered porches may project into the required front setback a distance not exceeding four (4) feet.
Section 2503.1 B states that an Accessory building shall not be erected in any required front yard or in any required exterior side yard.
Section 2503.1 G states that detached accessory building shall not be located closer that then (10) feet to any main building and shall not be located closer that six (6) feet to any interior side or rear lot line.
Section 2400 states that the maximum lot coverage for parcels in the R-4 zoning district is 25%.
IN CASE NO. 10-047 Motion to grant the variance for the open deck. The petitioner has established a practical difficulty relating to the property. He has established that the property is unique because of its size and location. The condition is not a personal or economic hardship. The need for the variance is not self created because of the property size. It would unreasonably prevent the petitioner from using the property for a permitted purpose, as a single family home because they cannot store enough items in side the house itself. The house is very small. Petitioner has established that the minimum variance is necessary. The requested variance would not cause adverse impact on the surrounding property, property values or the use and enjoyment of the property in the neighborhood or the zoning district. Also given the fact that it has been previously approved by the board in the year of 2006.
Motion Carried: 7-0
IN CASE NO. 10-047 Motion to grant the variances for the shed which would be 10 x 14 and the lot coverage which would increase it to 27%. The petitioner has established a practical difficulty relating to the property. He has established that the property is unique because of its size and location. The condition is not a personal or economic hardship. The need for the variance is not self created because of the property size. It would unreasonably prevent the petitioner from using the property for a permitted purpose, as a single family home because they cannot store enough items in side the house itself. The house is very small. Petitioner has established that the minimum variance is necessary. The requested variance would not cause adverse impact on the surrounding property, property values or the use and enjoyment of the property in the neighborhood or the zoning district.
Motion Carried: 7-0
The petitioner is requesting a variance to permit the construction of a 1,152 square foot addition at the existing Grace Immanuel Bible Church located at 21900 Meadowbrook Road without installing any additional parking spaces as required by the Zoning Ordinance. The property is zoned R-3 and is located on the east side of Meadowbrook Road, between Eight Mile Road and Nine Mile Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 2505.14.b requires churches to provide one parking space for each three seats or persons permitted under maximum capacity or one space for each six feet of pews in the main worship unit, whichever is greater. The proposed addition increases the parking space requirements by 10 spaces.
IN CASE NO. 10-049 Motion to deny the variance because the petitioner has not established a practical difficulty. The petitioner has shown no unique circumstance or physical condition of the property. The petitioner can reasonably comply with the ordinance by adding their required parking spaces, there is adequate land available to do that. The difficulty described by the petitioner is a personal or economic difficulty only. The petitioner stated that they would have an increased cost for adding the parking spaces. The need for the variance is self created because the petitioner has not shown that it cannot comply with the variance based on the property size and configuration. Conformance to the ordinance would not be unnecessarily burdensome because there is adequate room to add the parking. The purposed variance would have an adverse impact on surrounding property because it could create parking issues in the neighboring streets.
Motion Carried: 7-0
The petitioner is requesting a variance of 3.5’ from the minimum required aggregate side yard dimension to allow construction of an addition to an existing non-conforming residence. The property is zoned R-4 and is located north of Thirteen Mile Rd and east of East Lake Dr.
NOVI CODE OF ORDINANCES: Section 2400, note r: states that the minimum aggregate dimension of the (2) side yard setbacks in the R-4 zoning district is 25 FT
IN CASE NO. 10-050 Motion to approve the variances has requested. There are unique circumstances of the property. The need for the variance is not due to the applicant’s personal or economic difficulty. The need is not self created. Strict compliance with regulations governing the area will unreasonably prevent the property owner from using the property for the permitted purpose, or will render conformity with those regulations unnecessarily burdensome. The requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district. The requested variance will not cause any adverse impact on surrounding property values or the use and enjoyment of the property in the neighborhood or zoning district.
Motion Carried: 7-0
Lewis Hayes is requesting a variance to allow an extension of an expired Temporary Use Permit beyond the timeframes allowed in the Zoning Ordinance for outdoor storage for a concrete crushing operation. Property is zoned I-1 and is north of Grand River and east of Taft Rd.
CITY OF NOVI, CODE OF ORDINANCES, Section 3004.2. The Building Official shall have the power, upon filing of an application in accordance with section 3004.1.a(2) to grant permits authorizing temporary special land uses for:
IN CASE NO. 10-051 Motion to grant the request as submitted by the applicant and brought forward by the property owner, which is Mr. Hayes. We should grant them an extension until December 15, 2010 to complete the project and the cleaning of the property. The applicant obviously has had 2 years to do some work but there appears to have been some additional work that needed to be completed in order to bring the property to compliance. The granting of the extension up to December 15, 2010 will not impair an adequate supply of light and air to adjacent properties. It would not unreasonably increase the congestion in public streets. It would not impair established property values within the surrounding area. As was spoken by one of the parties who came before this board that was not an applicant, he claimed that the applicant has not made a mess of the area but an unrelated third party who is not before this board now is whom he had the complaint about. Granting this variance will also be in welfare of the City of Novi, in the sense that it will save costs in litigating this matter.
Motion Carried: 5-2
(YES: Sanghvi, Krieger, Ibe, Wrobel, Gedeon NO: Ghannam and Skelcy)
Mr. Boulard informs the Zoning Board of Appeals members that the invitations for the City of Novi appreciation dinner will be sent electronically this year.
ADJOURNED AT 8:46 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.