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ZONING BOARD OF APPEALS ACTION SUMMARY
CITY OF NOVI
Regular Meeting
Tuesday, June 9, 2009 | 7:00 P.M.
Council Chambers | Novi Civic Center | 45175 W. Ten Mile Road
(248) 347-0580

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

Present: Member Bauer, Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel

Absent: None

Also Present: Charles Boulard, Building Official, Beth Kudla, City Attorney, Malinda Martin, Senior Customer Service Representative

Pledge of Allegiance Chairman Sanghvi

Approval of Agenda: Member Wrobel

Approval of Minutes: April 14, 2009 tabled until July 14, 2009 meeting

Public Remarks: None

 

1. Case 09-018 27225 Wixom Road –Catholic Central High School

Catholic Central High School is requesting a variance to allow one (1) additional 24 square foot, 54 inch high identification ground sign located at the entrance to the property of 27225 Wixom Road. The proposed sign would include changeable copy. The property is zoned R-1 and located south of Grand River and west of Wixom Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) states"…No building or parcel of land shall be allowed more than one (1) sign permitted under this section…"

IN CASE NO. 09-018 MOTION TO TABLE THIS REQUEST FOR POSSIBLE COMBINATION WITH THE EXISTING SIGN UNTIL FURTHER NOTICE OF HEARING AT THE PETITIONER’S REQUEST.

Motion Carried: 7-0
Motion Maker: Member Ghannam

 

2. Case 09-019 43170 Grand River Avenue – PEI WEI Diner

Allied Signs Inc. is requesting a variance to allow installation of one (1) additional 22 square foot wall sign on the west elevation of the multi tenant building located at 43170 Grand River Avenue for the PEI WEI DINER. The property is zoned TC and located north of Grand River and east of Novi Road.

Section 28-5 (3) states: "Number of on-premises advertising signs permitted: No building or parcel of land shall be allowed more than one (1) sign permitted under this section…."

There currently exist two wall signs for this business. A third sign is not permitted.

IN CASE NO 09-019 MOTION TO APPROVE THE PETITIONER’S REQUEST FOR A 22 SQUARE FOOT OR SMALLER WALL SIGN ON THE WEST ELEVATION OF THE BUILDING, CONDITIONED UPON THE REMOVAL OF THE EXISTING SIGN ON THE NORTH ELEVATION OF THE BUILDING. THE PETITIONER HAS ESTABLISHED PRACTICAL DIFFICULTIES AS STATED IN THE RECORD.

Motion Carried: 6-1 (Yes: Bauer, Ghannam, Ibe, Krieger, Wrobel, Sanghvi – No: Cassis)
Motion Maker: Member Ghannam

 

3. Case 09-020 40798 Ladene Lane

John M. Reed is requesting a variance from the minimum rear yard requirement to allow construction of a sunroom on the rear of an existing residence. Property is zoned R-3 and is located north of Eight Mile Road and west of Haggerty Road.

CITY OF NOVI, CODE OF ORDINANCES, Article 2400 Schedule of Regulations requires a 35 foot minimum rear yard setback.

REQUIRED MINIMUM REAR YARD SETBACKS        35 FEET
PROPOSED MINIMUM REAR YARD SETBACKS      22.5 FEET
MAXIMUM VARIANCE REQUESTED                        12.5 FEET

IN CASE NO. 09-020 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: 7-0
Motion Maker: Member Krieger

 

4. Case 09-021 44050 Twelve Mile Road- Stoneridge Office Plaza

NorthStar Signs Inc. is requesting a variance to install a 20 square foot real estate leasing sign located at 44050 Twelve Mile Road in the Stoneridge Office Plaza. The property is zoned OS-1 and is north of Twelve Mile Road and west of Novi Road.

Section 28-6 (4) allows leasing signs to be a maximum of 16 square feet and located not less than one-half the distance between the principal building and adjacent street.

IN CASE NO. 09-021 MOTION TO APPROVE THE REQUEST FOR THE VARIANCE TO INSTALL THE 20 SQUARE FOOT REAL ESTATE LEASING SIGN LOCATED AT 44050 TWELVE MILE ROAD, STONERIDGE OFFICE PLAZA. THE PETITIONER HAS MADE HIS STATEMENTS FOR HIS PRACTICAL DIFFICULTY OR HARDSHIP. THIS REQUEST IS DUE TO CONDITIONS EXCEPTIONAL OR UNIQUE TO THE PROPERTY. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF THE STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERING WITH ADJACENT OR SURROUNDING PROPERTIES. THE DURATION OF THIS APPROVAL IS 18 MONTHS.

Motion Carried: 6-1 (Yes: Bauer, Cassis, Ibe, Krieger, Wrobel, Sanghvi –No: Ghannam)
Motion Maker: Member Krieger

 

5. Case 09-022 22975 Venture Drive – Hickory Corporate Park

NorthStar Signs Inc. is requesting a variance to install a 20 square foot real estate leasing sign located at 22975 Venture Drive in the Hickory Corporate Park. The property is zoned I-1 and is located north of Nine Mile Road and west of Meadowbrook Road.

Section 28-6 (4) allows leasing signs to be a maximum of 16 square feet and located not less than one-half the distance between the principal building and adjacent street.

IN CASE NO 09-022 MOTION TO APPROVE THE VARIANCE AS REQUESTED TO INSTALL A 20 SQUARE FOOT REAL ESTATE LEASING SIGN LOCATED ON THE PROPERTY AT 22975 VENTURE DRIVE. THE REQUEST IS BASED ON THE CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY, CONSIDERING THE FACT THAT THE PROPERTY IS A QUITE A LARGE PROPERTY COMPARED TO THE SIGN THAT WOULD HAVE BEEN THERE. THE REQUEST MADE HERE IS MORE APPROPRIATE. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERE 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. THE DURATION OF THIS APPROVAL IS 18 MONTHS.

Motion Carried: 6-1 (Yes: Bauer, Cassis, Ibe, Krieger, Wrobel, Sanghvi – No: Ghannam)
Motion Maker: Member Ibe

 

6. Case 09-023 1181 West Lake Road

David Dismondy is requesting a variance change to allow demolition and reconstruction of a new home at 1181 West Lake Drive. The request will not change the dimension of the existing variances that were granted at the September 9, 2008 ZBA meeting (ZBA08-051) but will result in total removal of the existing residence and foundations as opposed to the construction of additions to the existing home. The proposed new home would require 4 of the 5 variances granted previously. The variance for the garage will not change. Property is zoned R-4 and is located east of West Lake Drive and north of North Haven Street.

CITY OF NOVI, CODE OF ORDINANCES, Article 2400 Schedule of Regulations requires a 35 foot rear yard setback, a 10 foot minimum side yard setback, a 25 foot aggregate side yard setback and maximum total lot coverage of 25%.

REQUIRED REAR YARD SETBACK                            35 FEET
PROPOSED REAR YARD SETBACK                          27 FEET
VARIANCE REQUESTED                                             8 FEET

REQUIRED MINIMUM SIDE YARD SETBACK              10 FEET
PROPOSED MINIMUM SIDE YARD SETBACK              9 FEET
VARIANCE REQUESTED                                             1 FOOT

REQUIRED AGGREGATE SIDE YARD SETBACK        25 FEET
PROPOSED AGGREGATE SIDE YARD SETBACK      19 FEET
VARIANCE REQEUSTED                                              6 FEET

MAXIMUM TOTAL LOT COVERAGE 25%
PROPOSED TOTAL LOT COVERAGE 32%
VARIANCE REQUESTED 7%

IN CASE NO 09-023 MOTION TO APPROVE THE 4 VARIANCES REQUESTED. THE VARIANCES WILL PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AND SURROUNDING PROPERTY OWNERS IN THIS ZONING DISTRICT. THE PROPERTY IS UNIQUE, LIKE A NUMBER OF PROPERTIES ALONG THE LAKE AND THE CONDITIONS ARE NOT SELF CREATED. THERE ARE NO ISSUES WITH LIGHT, AIR, PUBLIC SAFETY OR DANGER. THE PROPERTY VALUES WILL NOT BE DIMINISHED WITHIN THE SURROUNDING AREAS. THE ZONING ORDINANCES ARE BEING OBSERVED.

Motion Carried: 7-0
Motion Maker: Member Ghannam

 

OTHER MATTERS

ZBA06-080 40575 Grand River Avenue - Glenda’s Market

AT THE JUNE 9, 2009 REGULAR MEETING OF THE ZONING BOARD OF APPEALS MR. CAGLE OF GLENDA’S INC. WAS PRESENT TO REPORT AND DISCUSS THE STATUS OF VARIANCE ZBA06-080 AS REQUESTED WHEN ORIGINALLY APPROVED IN 2006. THE BOARD WAS INFORMED OF THE CORRECTIVE ACTION TAKEN BY THE PETITIONER TO RESOLVE RECENT ORDINANCE VIOLATIONS. THE BOARD EXPRESSED SUPPORT FOR GLENDA’S AND PLACED NO FURTHER RESTRICTIONS ON REPORTING PERIOD CONDITIONS ON THE VARIANCE.

ADJOURNMENT AT 8.17 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.