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ZONING
BOARD OF APPEALS ACTION SUMMARY Roll call Members Bauer, Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel Present: Members Bauer, Cassis, Ghannam, Ibe, Krieger, Sanghvi, Wrobel and Skelcy Absent: None Also Present: Charles Boulard, Building Official, Beth Kudla, City Attorney, Malinda Martin, Senior Customer Service Representative Pledge of Allegiance Chairman SanghviApproval of Agenda: Member Wrobel Approval of Minutes: April 14, 2009 with corrections, May 12, 2009 with corrections, June 9, 2009 with corrections Public Remarks: None1. Case No. 09-024 48700 Grand River Avenue – Jimmies Rustics Jimmies Rustics is requesting a temporary use approval for the outdoor display of outdoor furniture at 48700 Grand River (Jimmies Rustic Furniture) for a three (3) year period from March 1st to October 15th during their business hours. Property is zoned B-3 and is located north of Grand River and east of Wixom Road. NOVI CODE OF ORDINANCES, Section 3004, Paragraph 3, "Temporary Use Permits" state that temporary uses shall not exceed a twelve month period in a developed section of the community. IN CASE NO. 09-024 MOTION TO APPROVE THE PETITION FOR TEMPORARY USE OF OUTDOOR DISPLAY OF FURNITURE FOR A 3 YEAR PERIOD FROM MARCH 1ST THROUGH OCTOBER 15TH DURING BUSINESS HOURS. Motion Carried: 7-0 Motion Maker: Member Krieger
2. Case No. 09-025 41200 Bridge Street – Novi Corporate Center Certified Management is requesting an extension of the variance granted in ZBA06-010 for one 24 square foot oversized real estate sign located at 41200 Bridge Street. The property is zoned I-1 and located east of Meadowbrook Road and north of Eleven Mile Road. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6 (4) states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the non-residential property… be…not less than one-half the distance between the principal building and adjacent street and not higher than ten (10) feet. One (1) sign…" IN CASE NO. 09-025 MOTION TO GRANT AN EXTENSION FOR THE OVERSIZED REAL ESTATE SIGN of 24 SF FOR A PERIOD OF 2 YEARS OR UNTIL THE PROPERTY IS SOLD OR LEASED IF LESS Motion Carried: 7-0 Motion Maker: Member Cassis 3. Case No. 09-026 25795 Meadowbrook Road – Novi Technical Center Certified Management is requesting an extension of the variance granted in ZBA06-011 for one 24 square foot oversized real estate sign located at 25795 Meadowbrook Road. The property is zoned I-1 and is located west of Meadowbrook Road and north of Eleven Mile Road. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6 (4) states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the non-residential property… be…not less than one-half the distance between the principal building and adjacent street and not higher than ten (10) feet. One (1) sign…" IN CASE NO. 09-026 MOTION TO GRANT AN EXTENSION FOR THE OVERSIZED REAL ESTATE SIGN OF 24 SF FOR A PERIOD OF 2 YEARS OR UNTIL THE PROPERTY IS SOLD OR LEASED IF LESS. Motion Carried: 7-0 Motion Maker: Member Cassis 4. Case No. 09-027 44050 Twelve Mile Road – Stoneridge Office Park ASI Modulex is requesting a variance to install a 90 square foot ground sign based on 100 foot setback from center line of Twelve Mile Road which would require a variance of 40 square foot at 44050 Twelve Mile Road for the Stoneridge Office Park. The property is zoned OS-1 and is north of Twelve Mile Road and west of Novi Road. Section 28-5 (2)a.l.i. states: "…ground signs shall not exceed a maximum thirty (30 square feet or one (1) square foot of sign area for each two (2) feet of setback from the nearest street center line…" IN CASE NO. 09-027 MOTION TO APPROVE A VARIANCE AS REQUESTED AND THE PLACEMENT AS SUGGESTED ON THEIR PAPERWORK AND ANGLED AS PRESENTED DURING THE HEARING THAT WAS SUBMITTED TO THE ZONING BOARD OF APPEALS. THEIR REQUEST IS BASED UPON CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL TO THIS PARTICULAR PROPERTY GIVEN THE SIZE OF THE NUMBER OF BUILDINGS AND THE SQUARE FOOTAGE AND THEY DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY. THE COMMENTS OF OUR COLLEAGUES AND PRECEDENT IS IMPORTANT BUT THIS IS A UNIQUE CENTER AND THERE MAY NOT NECESSARILY BE THAT MANY CENTERS IN THE CITY. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES, IT WOULD RESULT IN SUBSTANTIAL JUSTICE BEING DONE TO BOTH THE APPLICANT AND THE ADJACENT AND SURROUNDING PROPERTIES, AND IT IS NOT INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE. Motion Carried: 4-3 (Yes: Ghannam, Krieger, Sanghvi, Wrobel – No: Ibe, Bauer, Cassis) Motion Maker: Member Ghannam
4. Case No. 09-028 41010 Malott Drive – Lot 251 Willowbrook Estates # 2 Presley Architecture LLC is requesting a variance to allow construction of a rear 1 story addition to an existing residence at 41010 Malott Drive. The existing structure extends into the side setbacks. In addition to the following dimensional variance the project requires an exception to 2502.4.a to allow expansion of a non-conforming structure. Property is zoned R-4 and is located east of Meadowbrook Road and south of Ten Mile Road. 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 4.8 FEET VARIANCE REQUESTED 5.2 FOOT REQUIRED AGGREGATE SIDE YARD SETBACK 25 FEET PROPOSED AGGREGATE SIDE YARD SETBACK 12.7 FEET VARIANCE REQUESTED 12.3 FEET MAXIMUM TOTAL LOT COVERAGE 25% PROPOSED TOTAL LOT COVERAGE 32% VARIANCE REQUESTED 7%
IN CASE NO. 09-028 MOTION TO TABLE THIS CASE TO RETURN AT THE SEPTEMBER 8, 2009 ZONING BOARD OF APPEALS MEETING. Motion Carried: 7-0 Motion Maker: Member Bauer 6. Case No. 09-029 45285 Grand River Avenue – Planko Ballet and Sports Diane Planko of Planko Ballet and Sports is requesting a variance to permit the installation of an indoor recreation private dance and fitness center in an existing tenant space in a building located at 45285 Grand River Avenue without installing any additional parking spaces as required by the Zoning Ordinance. The property is zoned I-1 and is located south of Grand River Avenue and east of Taft Road. The building is designed to accommodate more than one tenant and is currently partially occupied by Michigan Chandelier. CITY OF NOVI, CODE OF ORDINANCES, Section 2505.14 requires private clubs to provide a minimum of one parking space for each three persons allowed within maximum occupancy. The current retail space requires one parking space for each 200 square feet of gross leasable floor area. The current warehouse space requires one parking space for each 700 square feet of usable floor area. The current office space requires one parking space for each 222 square feet of gross leasable floor area. The proposed indoor recreation private dance and fitness center use combined with the current warehouse, office and retail uses require a total of 54 spaces to be provided on site and 35 spaces are available on the site at this time. IN CASE NO. 09-029 MOTION TO APPROVE THE VARIANCE FOR THE PARKING SPACES AS PRESENTED. THE MAXIMUM OCCUPANCY AT ANYTIME WILL BE 19 PEOPLE, INCLUDING EMPLOYEES, INSTRUCTORS AND CUSTOMERS. THE VARIANCE WILL BE VALID FOR THE TERM OF THE LEASE. I BELIEVE YOU HAVE MET THE PRACTICAL DIFFICULTY STANDARDS. IT IS IN CONFORMITY WITH THE ZONING ORDINANCES. IT IS NOT SELF CREATED ISSUES. I FEEL THAT THE OTHER PORTIONS OF THE REQUIREMENTS HAVE BEEN MET. Motion Carried: 7-0 Motion Maker: Member Ghannam OTHER MATTERS MEETING ADJOURNED AT 9:20 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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