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ZONING BOARD OF APPEALS ACTION SUMMARY
CITY OF NOVI
Regular Meeting
Tuesday, February 9, 2010 - 7:00 P.M.
Council Chambers | Novi Civic Center | 45175 W. Ten Mile Road
(248) 347-0580

Roll call Members Cassic, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel

Present: Members Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel

Absent: None

Also

Present: Charles Boulard, Community Development Director, Beth Kudla, City Attorney, Malinda Martin, Senior Customer Service Rep.

Pledge of Allegiance : Chairman Sanghvi

Approval of Agenda: Approved with amendment

Approval of Minutes: December 8, 2009 with corrections and January 12, 2010 with corrections

Public Remarks: NONE

OLD BUSINESS

1. Case No. 09-052 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 south 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 09-052 MOTION TO GRANT THE PETITIONERS REQUEST AS PRESENTED. I BELIEVE THAT THE FACTS ARE THERE TO ALLOW THE GRANTING OF THIS REQUEST AS PRESENTED. THE PETITIONER HAS PRESENTED A CASE CONCERNING THE FACT THAT THE SIGNAGE AT THE SOUTH ENTRANCE IS 600 FEET FROM THE MAIN ENTRANCE OF THE SCHOOL. THE SIGN THAT IS REQUESTED IS AN INFORMATIONAL SIGN ONLY AND NOT A DIRECTIONAL SIGN. THE REQUEST IS BASED UPON CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY OR THAT ARE SELF CREATED. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT CATHOLIC CENTRAL FROM USING THIS PROPERTY IN THE MANNER THAT IT IS SUPPOSED TO BE USED. OBVIOUSLY, IT IS A SCHOOL AND SCHOOLS GIVE OUT INFORMATION. I BELIEVE IT IS WORTHY THAT THE SCHOOL CAN HAVE A PLACE WHERE THEY CAN PASS ON INFORMATION. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERE WITH ADJACENT PROPERTIES, WITH ALL DUE DILIGENCE TO THE SPEAKER THAT OBJECTED. I BELIEVE THAT GRANTING THIS RELIEF TO THE PETITIONER WILL NOT INTERFERE WITH SOME OF THE CONCERNS THAT BEEN RAISED. THE BOARD MEMBERS HAVE STATED THAT THE CONCERNS ARE BEYOND THE SCOPE OF THE ZONING BOARD OF APPEALS AND BASED ON THESE FACTS AND ALL OF THE MATTERS PRESENTED, I MOVE THAT WE GRANT THE PETITIONERS REQUEST

Motion carried: 6-1 (Yes: Ibe, Cassis, Krieger, Sanghvi, Skelcy, Ghannam NO: Wrobel)

Motion maker: Member Ibe

NEW BUSINESS

1. Case No. 09-055 24235 Glenda Street

The petitioner is requesting variances to allow reduced rear setback for an existing home and reduced front setback for an existing detached garage to allow a lot split of an existing parcel. Property is zoned R-4 and is located north of Ten Mile Road and east of Taft Road.

CITY OF NOVI, CODE OF ORDINANCES, 2503 b. front setback for accessory buildings, Section 2400 rear setback for existing home

IN CASE NO 09-055 MOTION TO APPROVE THE PETITION AS REQUESTED, WITH THE CONTINGENCY THAT THE EXISTING SHED ADJACENT TO THE NORTH PROPERTY LINE WILL BE REMOVED. THE VARIANCE SHOULD BE GRANTED BECAUSE THE SETBACK, FRONTAGE, HEIGHT, BULK AND DENSITY REQUIREMENTS UNREASONABLY PREVENT THE USE OF THE PROPERTY FOR A PERMITTED PURPOSE. THE VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE TO PETITIONER AND SURROUNDING PROPERTY OWNERS IN THE ZONING DISTRICT. THERE ARE UNIQUE CIRCUMSTANCES TO THIS PROPERTY AND ARE NOT SELF CREATED. ADEQUATE LIGHT AND AIR IS PROVIDED TO ADJACENT PROPERTIES. THERE IS NO INCREASE OF FIRE DANGER OR PUBLIC SAFETY. PROPERTY VALUES WILL NOT BE DIMINISHED WITHIN THE SURROUNDING AREA AND THE SPIRIT OF THE ZONING ORDINANCE IS OBSERVED.

Motion Carried 7-0
Motion Maker: Member Ghannam

2. Case No. 10-001 27000 Sheraton Drive – Crown Plaza

The petitioner is requesting a variance to allow installation of an additional 22.6 SF awning sign for the Crowne Plaza Hotel located at 27000 Sheraton Drive. Property is zoned C and is located north of I-96 and west of Novi Road.

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

IN CASE NO 10-001 MOTION TO GRANT THE REQUEST AS SUBMITTED. THE REQUEST IS BASED UPON CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY OR THAT ARE SELF CREATED. THE LOCATION OF THE PROPERTY ITSELF IS OF CRUCIAL NATURE THAT IT REQUIRES A SIGN TO FIND THE ESTABLISHMENT IN QUESTION. THE FAILURE TO GRANT RELIEF WILL LIMIT THE USE OF THE PROPERTY AND WILL RESULT INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN FOR THE BUSINESS THAT IS CURRENTLY LOCATED IN THIS UNIQUE LOCATION. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF THE STRUCTURE THAT IS INCOMPATIBLE WITH ADJACENT OR SURROUNDING PROPERTIES, AND SUBSTANTIAL JUSTICE WILL BE DONE TO THE APPLICANT AND SURROUNDING PROPERTIES AND THE SPIRIT OF THE ORDINANCE.

Motion Carried 7-0
Motion Maker: Member Ibe

OTHER MATTERS

Election of officers:
Chairman Wayne Wrobel
Vice Chairman David Ghannam
Secretary Rickie Ibe

Meeting adjourned at 8:25 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.