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ZONING BOARD OF APPEALS ACTION SUMMARY CITY OF NOVI Regular Meeting Tuesday, July 8, 2008 | 7:00 P.M. Council Chambers | Novi Civic Center |45175 W. Ten Mile Road (248) 347-0580 Roll call Members Bauer, Fischer, Ghannam, Ibe, Krieger, Sanghvi, Shroyer, and Wrobel Present: Members Bauer, Fischer, Ghannam, Ibe, Krieger and Wrobel Absent: Members Sanghvi (excused) and Shroyer (excused) Also Present: Beth Kudla, City Attorney; Alan Amolsch, Ordinance Officer; Robin A. Working, ZBA Recording Secretary; Chris Fox, Community Development Department Liaison Pledge of Allegiance : Member Bauer Approval of Agenda: Add ZBA07-047 1339 East Lake and Ordinance Update under Other Matters Approval of Minutes: June 10, 2008 - Approved Public Remarks: None Case No. 08-019 filed by RMJ Development for 25280 Seeley Road Tabled from 6-10-2008 Donny Coach representing RMJ Development is requesting a variance to continue the nonconforming use of outdoor storage for building materials, contractor’s equipment/supplies and to park RMJ Development vehicles on the property located at 25280 Seeley Road. Property is zoned I-1 and located north of Grand River Avenue and east of Seeley Road. CITY OF NOVI, CODE OF ORDINANCES, Section 2502.5 C Nonconforming Uses of Structures and Land states: "If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification provided that the Board of Appeals, either by general rule of by making finding in the specific case, shall find that the proposed use is equally appropriate of more appropriate to the district than the existing non conforming use." IN CASE NO. 08-019 THE BOARD FINDS THAT THE PREVIOUS OWNER DID NOT ABANDON THE EXISTING NON CONFORMING USE OF THE PROPERTY. Motion Carried: Ibe Motion Maker: 6-0 IN CASE NO. 08-019 THE BOARD FINDS THAT THE PETITIONER’S PROPOSED USE OF THE PROPERTY IS EQUALLY OR MORE APPROPRIATE THAN THE PREVIOUS USE. THERE IS CONSISTENCY WITH CURRENT SURROUNDING CONDITIONS AND THE PREVIOUS USE HAD MORE TRAFFIC AND STORAGE OUTSIDE THAN THE PROPOSED USE. ALL STORAGE MUST BE CONTAINED WITHIN FENCED IN AREA OF PROPERTY. THE PROPOSED BEAUTIFICATION AROUND THE EXISTING BUILDING IS ALSO EQUAL TO OR MORE APPROPRIATE THAN THE EXISTING BEAUTIFICATION. Motion Carried: Fischer Motion Maker: 6-0 Case No. 08-026 filed by Anthony Schmitt of LaKritz-Weber & Company for Providence Park Village located at 47601 Grand River Avenue Tabled from 6-10-2008 Anthony Schmitt of LaKritz-Weber & Company representing Providence Park Village Center is requesting one 112 square foot sign variance for the placement of 128 square foot double sided real estate sign to be located on Providence Hospital property, 47601 Grand River Avenue. Property is zoned OSC and is located south of Grand River and west of Beck Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) Temporary Signs states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the non-residential property…shall not exceed sixteen (16) square feet in area." IN CASE NO. 08-026 THE BOARD DENIES THE VARIANCE REQUEST BECAUSE THE PETITIONER HAS NOT ESTABLISHED A PRACTICAL DIFFICULTY. PETITIONER HAS NOT DEMONSTRATED THAT GRANTING THE VARIANCE WOULD NOT IMPACT THE ADJACENT PROPERTIES. THE REQUEST MADE BY THE PETITIONER IS PREMATURE IN LIGHT OF THE DISCUSSION RAISED BY THE BOARD MEMBERS RELATING THE DEVELOPMENT OF THE PROPERTY. Motion Carried: 5-0 (Recused: Krieger) Motion Maker: Ibe Case No. 08-027 filed by Donna Skelcy of 301 Duana Tabled from 6-10-2008 Donna Skelcy of 301 Duana is requesting a variance from the strict requirement of the Zoning Ordinance which prohibits fences on all lots of record in all residential districts from extending into the front yard setback to allow a 14 foot 3 inch long fence in the front yard. In addition to the variance requested petitioner is asking for an interpretation of the Zoning Ordinance pertaining to "decorative fencing". Property is zoned R-4 and is located south of South Lake Drive and west of Old Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 2515 1. a. & (2) Fences states: "Fences on all lots of record in all residential districts…(2) Shall not extend toward the front of the lot nearer than the minimum front yard setback distance, unless an existing house already extends into the minimum front yard, in which case the fence may extend to the front of the house. IN CASE NO. 08-027 WITHDRAW THE CASE FROM CONSIDERATION BASED ON THE CITY’S DETERMINATION THAT THE FENCING IS DECORATIVE. Motion Carried: 6-0 Motion Maker: Fischer Case No. 08-029 filed by Amarjit S. Chawney for Villagewood Condominiums LLC located at Haggerty Road and Katar Lane Tabled from 6-10-2008 Amarjit Chawney of Villagewood Place Condominiums LLC is requesting one sign variance for the continued placement of a fifteen square foot real estate marketing sign measuring six feet in height for Villagewood Place. The property is zoned RM-1 and is located on Kartar Lane west of Haggerty Road between Nine and Ten Mile Roads. Sign variance originally approved in ZBA04-092 for one year, extended for one year in ZBA05-107 and extended once again in ZBA07-007 for one year. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) Temporary Signs states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the residential property (other than multiple family apartment complexes) upon which the sign is located are limited to six (6) square feet in area and five (5) feet in height." IN CASE NO. 08-029 THE BOARD DENIES THE REQUEST AS STATED DUE TO THE PETITIONER NOT BEING PRESENT OR SENDING A REPRESENTATIVE TO EXPLAIN THE CASE. Motion Carried: Fischer Motion Maker: 6-0 5. Case No.08-033 filed by G. Michael Kahm of Singh Development LLC for 27475 Huron Drive, Waltonwood at Twelve Oaks G. Michael Kahm of Singh Development, LLC representing Waltonwood at Twelve Oaks is requesting two sign extension variances for one real estate construction sign and one leasing sign. Sign A is located on Huron Circle and Sign B is located on the north side of Mackinac Boulevard. Property is zoned RM-1 and is located south of Twelve Mile and east of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (1) Temporary Signs states; "Construction identification sign which identifies the name of the project developers, contractors, engineers, architects, lenders, or brokers on a site being developed. Not to be issued prior to the first starting permit and is valid until issuance of the first certificate of occupancy." CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) Temporary Signs states: "Sale rental or lease sign which identifies the sale, rental, or lease of the residential property upon which the sign is located shall be valid until and thirty (30) days after the sale or lease of the property." Sign A was granted its first extension in ZBA99-089, a second extension in ZBA01-001, a third extension in ZBA02-008, the fourth extension in ZBA03-030, the fifth extension in ZBA04-067, the sixth extension in 06-106 and a seventh extension in ZBA07-024. Sign B was granted its first extension in ZBA02-008, a second extension in ZBA03-030, a third extension in ZBA04-067, the fourth extension in ZBA06-017 and a fifth extension in ZBA-07-024 IN CASE NO. 08-033 THE BOARD DENIES THE PETITIONER’S REQUEST FOR SIGN ‘A’ GIVEN THE FACT THAT THE PETITIONER HAS NOT ESTABLISHED A PRACTICAL DIFFICULTY IN THAT THERE IS ANOTHER SIGN ON THE PROPERTY WHICH MARKETS SIMILAR PRODUCTS AS WELL AS THE FACT THAT THERE ARE TWO PERMANENT SIGNS; ONE APPROVED BY THIS BOARD TO IDENTIFY THE PROPERTY. IN CASE NO. 08-033 THE BOARD APPROVES THE REQUEST FOR SIGN ‘B’ FOR THE TIME PERIOD OF SIX (6) MONTHS GIVEN THAT THE PETITIONER HAS ESTABLISHED SOME MARKETING PRACTICAL DIFFICULTIES REGARDING THE SITE DUE TO THE LAYOUT OF THE ROAD, THE SIGN NOT BEING ON THE FRONTAGE OF TWELVE MILE AND GIVEN THE FACT THE GRANTING OF THIS LENGTH OF AN EXTENSION WOULD PROVIDE SUBSTANTIAL JUSTICE TO THIS PETITIONER AS WELL AS SURROUNDING PROPERTY OWNERS. Motion Carried: Fischer Motion Maker: 6-0 Case No.08-034 filed by G. Michael Kahm of Singh Development LLC for Main Street Novi located at 2300 Constitution G. Michael Kahm of Singh Development, LLC is representing Main Street Village is requesting one sign extension variance for an existing a real estate sign located south of Potomac Drive in Main Street Village. Property is zoned TC-1 and is located south of Grand River Avenue and east of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) Temporary Signs states: "Sale, rental, or lease sign which identifies the sale, rental, or lease of multiple-family apartment complexes upon which the sign is located shall be valid until and thirty (30) days after sale of lease of property." Original sign permit issued 12/03/02. Sign was removed 12/03/03. Sign was re installed in 2004 without a permit and subsequently granted a 6 month variance in ZBA05-039, a one year extension in ZBA06-016 and another one year extension in ZBA07-023. IN CASE NO. 08-034 THE BOARD APPROVES THE PETITIONER’S REQUEST GIVEN THE FACT THAT THE SIGN IS TUCKED AWAY FROM A MAJOR THOROUGHFARE OF THE CITY AND THAT THE PROBLEM IS NOT SELF CREATED IN THE APARTMENT MARKET AT THIS TIME DUE TO THE ECONOMIC DOWNTURN OF THE STATE. THERE IS NO INCREASE OF FIRE DANGER OR PUBLIC SAFETY GIVEN THE LOCATION OF THIS SIGN. PROPERTY VALUES WILL NOT BE DIMINISHED IN THE SURROUNDING AREA. THIS VARIANCE IS GOOD FOR A PERIOD OF ONE YEAR AND IT IS CONDITIONAL UPON THE REMOVAL OF THE DEVELOPER OF THE YEAR PORTION OF THE SIGN WHICH TAKES AWAY FROM THE AESTHETICS OF THE SIGN. Motion Carried: Fischer Motion Maker: 6-0 Case No.08-035 filed by Larry Kelly and Greg Hudas of Signature Associates for 45145 12 Mile Road Larry Kelly & Greg Hudas of Signature Associates are requesting a 40 square foot area variance and a one foot height variance for a fifty-six square foot oversized real estate leasing sign to be placed at 45145 12 Mile Road. Property is zoned R-A and is located north of Twelve Mile Road and west of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) Temporary Signs states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the non-residential property upon which the sign is located shall be sixteen square feet in area and only ten feet in height." Case tabled to August 12, 2008 agenda. Case No.08-036 filed by James Rohlfing of the Gaman Group for 39675 12 Mile Road James Rohlfing of the Gaman Group Inc. is requesting a Temporary Special Land Use Permit renewal for the placement of a temporary construction trailer located at 39675 12 Mile Road from July 8, 2008 through July 8, 2009. Petitioner was issued the first temporary use permit for twelve (12) months in TUP06-060 and a twelve (12) month renewal in TSEP07-026. Property is zoned B-2 located south of 12 Mile Road and east of M-5. CITY OF NOVI, CODE OF ORDINANCES, Section 3004 2. a. Temporary Special Land Use states: "The Building Official shall have the power, to grant temporary land uses for Temporary building and uses not to exceed two (2) years on undeveloped parcels within the city and for periods not to exceed twelve (12) months on developed parcels, with the granting of a twelve (12) month extension being permissible." IN CASE NO. 08-036 THE BOARD APPROVES THE REQUEST FOR A VARIANCE UNTIL DECEMBER 31, 2008 GIVEN THE PRACTICAL DIFFICULTY THE PETITIONER HAS ESTABLISHED IN THAT THERE HAVE BEEN DELAYS DUE TO FRANCHISE ISSUES NOT THE CREATION OF THE PETITIONER THEMSELVES. THEY DO NOT NEED LONGER THAN THE TIME PERIOD TO COMPLETE THEIR WORK TO MOVE INSIDE THE BUILDING. THIS VARIANCE IS IN KEEPING WITH THE SPIRIT OF THE ZONING ORDINANCE. IT CERTAINLY WOULD NOT HAVE ANY EFFECT ON PROPERTY VALUES OR DIMINISHING SURROUNDING PROPERTY VALUES. THERE WOULD BE NO INCREASE OF FIRE DANGER OF PUBLIC SAFETY. THERE WOULD BE NO ISSUES WITH LIGHT OR AIR PROVIDED TO ADJACENT PROPERTIES. THESE ARE ALL UNIQUE CIRCUMSTANCES. Motion Carried: 6-0 Motion Maker: Ghannam OTHER MATTERS 1. ZBA08-015 1915 West Lake IN CASE NO.08-015 TO APPROVE A 90 DAY EXTENSION FOR THE VARIANCE GRANTED AT THE APRIL 8, 2008 ZBA MEETING. Motion Carried: 6-0 Motion Maker: Bauer ZBA07-047 1339 East Lake IN CASE NO.07-047 GRANT A NINETY DAY EXTENSION TO THE VARINACES GRANTED AT THE SEPTEMBER 11, 2007 ZBA MEETING. Motion Carried: 6-0 Motion Maker: Krieger Ordinance Update Chairman Fischer informed the Board of the second reading of the ordinance text amendment to Article 31; Section 3107 to modify the time frame an order of the Board is valid prior to a building permit being obtained from ninety days to one hundred and eighty days. The amended ordinance will be effective on July 22, 2008. 4. Rules of Procedure Update City Attorney Beth Kudla informed the Board they will be receiving a red line version of the Rules and Procedures document for their consideration at the August12, 2008 meeting. Meeting Adjourned 8:34 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.
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