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View Agenda for this meeting
ZONING BOARD OF APPEALS ACTION SUMMARY
Regular Meeting
Tuesday, September 11, 2012 - 7:00 P.M.
Council Chambers | Roll call Members Ferrell, Gedeon, Gerblick, Ibe, Krieger, Sanghvi and Skelcy Present: Members Ferrell, Gedeon, Gerblick, Ibe, Krieger, Sanghvi and Skelcy Absent : Member Ghannam Also Present: Charles Boulard, Director of Community Development, Elizabeth Saarela, City Attorney and Angela Pawlowski, Recording Secretary Pledge of Allegiance Approval of Agenda: Approved as amended Approval of Minutes: Approval of the August 14, 2012 minutes Public Remarks: None The applicant is requesting an exception to (5) Sections of the Novi Sign Ordinance: Section 28-5 (3), Section 28-5 (2) a.2.ii, Section 28-5 (2) a.1.i, Section 28-1(10) and Section 28-1 (3). Applicant requests to place two signs on the water tower at the former Expo Center property, reading "Adell" horizontally on the top and "Novi" vertically on the support of the water tower. The property is located west of Novi Road and south of Interstate 96. The sign would be 120 square feet, exceeding the maximum size of 100 square feet. It also would be 120 feet in height, exceeding the maximum height of 6 feet, and would not be "supported by a monument," with the base of the sign on the ground. Finally, the sign would not reference a business located on the premises. CITY OF NOVI, CODE OF ORDINANCES, Section
28-5(3) permits only one (1) sign per property. In CASE No. 12-031, motion to grant the
variances as requested. Motion carried: 7-0
The applicant is requesting a variance from CITY OF NOVI, CODE OF ORDINANCES, Section 2400. Front yard and side yard setback requirements are stated in Section 2400. The minimum front yard for a lot in an R-4 District is 30 feet and the minimum side yard is 10 feet. The proposed reconstruction/repair of an existing nonconforming structure would maintain the structure with only a 2’10" side yard, 7’2" short of the mandated minimum. The front yard would have a 10’ setback, 20’ below the required minimum. The property is located west of Old Novi Road and south of 13 Mile Road in the R-4 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 2400
requires that a site within a R-4 district have a minimum front yard
setback of 30’. In Case No. 12-034, motion to grant variances as requested. The request is based on unique circumstances and physical conditions of the property such as the narrowness, shallowness and the shape of the particular property and there are other similar physical conditions. The need for the variance is not due to the applicants’ personal or economic difficulty. The need is not self-created. Strict compliance with regulations governing area setback, frontage, height, bolt density and other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose and will render conformity with those regulations unduly burdensome in that they could not obtain the permit required to make the repairs to the home. The requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners of the district. The requested variance will not cause adverse impact on surrounding properties and property values or the use and enjoyment of the property in the neighborhood or zoning district. In fact, the neighbors wholeheartedly approve of the request for the variance. Motion carried: 7-0 The applicant is requesting a variance from CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2)b.1.(a)i.a. to allow and oversize wall sign of 83 square feet located on the west face of a new retail tenant suite.. The property is located north of Grand River and east of Novi Road in the TC District. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2)b.1.(a)i.a. permits a single wall sign for sites in the TC district, with a size not to exceed 1.25 feet for every linear foot of contiguous public/private street frontage or 65 feet, whichever is smaller. IN CASE NO. 12-038, motion to deny the
variance as requested. Motion carried: 5-2 The applicant is requesting a variance to install a 5 ft. -8 in. tall masonry pier and baluster perimeter fence and approximately 6 ft. -5 in. high decorative aluminum gate in the front yard of a residence. The property is located south of Nine Mile Road and east of Beck Road in the R-1 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 2515 of the Zoning Ordinance limits residential fences to 6 ft. in height and indicates that fences shall not extend toward the front of the lot nearer than the minimum front yard setback distance. IN CASE NO. 12-040 motion to deny the variance
as requested. Motion carried: 7-0 The applicant is requesting variances from Table 2400 of the Novi Zoning Ordinance to allow a reduction the required south side yard setback of 10 ft. to 0.5 ft., and a reduction in the required 25 ft. aggregate side setback to 23.5 ft. for proposed addition to an existing nonconforming residence. The applicant is also requesting a variance to increase the height of a single story portion of the existing non-conforming residence. The property is located east of West Lake Drive and north of South Lake Drive in the R-4 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires a minimum side yard setback of 10 ft., and 25 ft. aggregate for the two side yards. Section 2502(4) limits the improvements allowed to a nonconforming structure. IN CASE NO. 12-042
motion to grant variance as requested. The request is based on unique circumstances or physical conditions such as where the house is situated on the property and the narrowness of the lot. This need is not self-created as the property and the existing unit is already in that place. Strict compliance with regulations governing the area setback, frontage, height, bolt density and other dimensional requirements will unreasonably prevent the property owner from using the property for its permitted purpose. The requested variance is the minimum variance necessary to do substantial justice to the applicant as well as other property owners in the district. The requested variance will not cause an adverse impact on surrounding properties or property values. In fact, enhancements to the property will actually improve those property values. Motion carried: 7-0 OTHER MATTERS ADJOURNMENT at 8:23 PM Zoning Ordinance, Section 3107. - Miscellaneous. No order of the Board permitting the erection of a building shall be valid for a period longer than one (1) year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. No order of the Board permitting a use of a building or premises shall be valid for a period longer than one-hundred and eighty (180) days unless such use is established within such a period; provided, however, where such use permitted is dependent upon the erection or alteration of a building such order shall continue in force and effect if a building permit for such erection or alteration is obtained within one (1) year and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. Such time limits shall be extended for those applicants requiring site plan review to a period of thirty (30) days after the date of final site plan approval has been given by the City. (Ord. No. 18.226, 5-12-08; Ord. No. 10-18.244, Pt. VII, 11-8-10)
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