ZONING BOARD OF APPEALS ACTION SUMMARY

CITY OF NOVI

Regular Meeting

Tuesday, March 16, 2010 - 7:00 P.M.

Council Chambers | Novi Civic Center |45175 W. Ten Mile Road

(248) 347-0580

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

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

Absent: NONE

Also

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

Pledge of Allegiance Senator Nancy Cassis

Approval of Agenda: Approved

Approval of Minutes: Approved

TRIBUTE TO GERALD BAUER by Senator Nancy Cassis

Public Remarks: NONE

1.    Case No. 10-003 1627 West Lake Drive

MJ Whelan Construction Company is requesting modification of a previous variance to allow demolition and reconstruction of a new home on the existing footings at 1627 West Lake Drive.  The reconstruction requires the following dimensional variances approved in previous variance ZBA09-051 to allow additions to an existing residence on the site.  Property is zoned R-4 and is located south of Pontiac Trail and east of West Park Drive.

CITY OF NOVI, CODE OF ORDINANCES, Article 2400 Schedule of Regulations which requires a 10 foot minimum side yard setback and a 25 foot aggregate side yard setback.

CITY OF NOVI, CODE OF ORDINANCES, Article 2908 Projections into Yards which allows eaves to project a maximum of 2” for 1 foot of setback width into required side setbacks.

REQUIRED MINIMUM SIDE YARD SETBACK                                         10 FEET
PROPOSED MINIMUM SIDE YARD SETBACK                                        6.9 FEET
VARIANCE REQUESTED                                                                       3.1FEET

REQUIRED AGGREGATE SIDE YARD SETBACK                                    25 FEET
PROPOSED AGGREGATE SIDE YARD SETBACK                                  17.26 FEET
VARIANCE REQUESTED                                                                        7.74 FEET

MAXIMUM ALLOWABLE PORCH EAVE PROJECTION                             13.5 INCHES
PROPOSED PORCH EAVE PROJECTION                                               30 INCHES
VARIANCE REQUESTED                                                                        16.5 INCHES

MAXIMUM ALLOWABLE HOUSE SOUTHWEST EAVE PROJECTION         14.75 INCHES
PROPOSED SOUTHWEST HOUSE EAVE PROJECTION                           18 INCHES
VARIANCE REQUESTED                                                                          3.25 INCHES

IN CASE NO 10-003 Motion to approve the variances as requested with the condition that the non-conforming accessory structure will be removed.  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 the petitioner and surrounding property owners in the zoning district.  There are unique circumstances to the property as we have seen in lake lots.  The problem is not self created.  Certainly, there is adequate light and air.  There is no increase of fire danger or public safety.  The property values will not be diminished in the surrounding areas.  The spirit of the Zoning Ordinance is observed. 

Motion Carried 7-0
Motion Maker: Member Ghannam

2.    Case No. 10-004 43800 Gen-Mar – CVS/Pharmacy

The petitioner is requesting variances to allow location of an accessory structure in the side setback and waiver of the roof top equipment screening request for piping. The property is zoned I-1, and is north of Ten Mile Road and west of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 2503 In the I-1 District, accessory structures are required to be placed in the rear yard.

CITY OF NOVI, CODE OF ORDINANCES, Section 2503 The Zoning Ordinance requires all roof top equipment to be less than 5 foot high and screened from view of the neighboring properties.

IN CASE NO 10-004 Motion to grant the request of the petitioner.  Taking into consideration that the ordinance requires the unit to be placed in the rear but the side site is much more preferable.  The screening for the piping would be far more offensive then leaving them the way they are.  The piping should be painted black as submitted in the proposal.  This is not a self created problem.  Adequate light and air is provided to adjacent properties.  No increase of fire danger or public safety.  The spirit of the Zoning Ordinance is observed. 

Motion Carried 7-0
Motion Maker: Member Sanghvi

3.    Case No. 10-005 27790 Novi Road – Hotel Baronette

The petitioner is requesting a variance to allow installation of a 7.5 SF drive identification sign on the south driveway entrance and four (4) additional wall signs as follows: 82.18 SF on the east elevation, a 32.42 SF on the north elevation, 26.57 SF on the east elevation and 24.27 SF on the west elevation of the building located at 27790 Novi Road for the Hotel Baronette.  Property is zoned RC and is located east of Novi Road and south of Twelve Mile Road

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (b) (2) Parking lot directional signs cannot exceed 3 square feet.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5-(3) Number of on-premise advertising signs permitted.

IN CASE NO 10-005 Motion to grant the petitioners request as presented.  The granting of the request is based upon circumstances of features that are exceptional and unique.  The front of the Hotel is on both Novi Road and the Mall Ring Road at different levels.  It makes it very difficult getting in there hence the signs come in very handy.  The failure to grant relief will unreasonably prevent or limit the use of the property and will attain a higher economic or financial return for the owners of the property.  The grant of relief will not result in a use of structure that is incompatible with adjacent or surrounding properties and this meets the spirit of the ordinance. 

Motion Carried 7-0 
Motion Maker: Member Ibe

OTHER MATTERS

Meeting adjourned 8:15 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.