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ZONING BOARD OF APPEALS ACTION SUMMARY
Regular Meeting
Tuesday,
Council Chambers | Roll call Members Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy, Wrobel and Gedeon Present: Member Cassis, Ibe, Krieger, Sanghvi, Skelcy, Wrobel and Gedeon Absent: Member Ghannam Also Present: Charles Boulard, Community Development Director, Thomas Schultz, City Attorney, Malinda Martin, Senior Customer Service Rep. Pledge of Allegiance Member Gedeon Approval of Agenda: APPROVED Approval of Minutes: July 13, 2010 and August 10, 2010 Public Remarks: NONE 1. Case No. 10-034 39500 Grand River Ave – Mercedes-Benz The petitioner is requesting a variance to install an 80 SF wall sign on the south elevation of the Mercedes-Benz Dealership located at 39500 Grand River Avenue. The property is zoned B-3 and is located north of Grand River Ave and west of Haggerty Rd. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b. 1. (a)(i) b. permits 1 square foot of sign for each 3 feet setback form the centerline of the nearest adjacent thoroughfare. Section 28-1 states "Area of a sign means the entire area within the smallest…geometric shape that encloses the limits of any writing…together with any frame or other material or color…used to differentiate such sign from the background against which it is placed." IN CASE NO. 10-034 Motion to approve the petition as requested based upon circumstances of features that are exceptional and unique to this property and do not result from conditions that exist generally in the City or that are self created. The parent company Mercedes Benz of USA has actually mandated the Mercedes Benz of Novi to comply with the terms of the agreement, that alone is sufficient bases to grant this request. 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 and the spirit of the zoning ordinance will be best served if this is granted. Motion Carried: 7-0 2. Case No. 10-035 27775 Novi Rd – Paul’s TV The petitioner is requesting a variance to install an additional 47 SF wall sign on the east elevation of the Art Van Furniture store located at 27775 Novi Road. The property is zoned RC and is located north of I-96 and west of Novi Rd. 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. 10-035 Motion to deny the applicants request as the reasons that the petitioner has presented are things that are self created. They obviously do not have a separate entrance to the establishment which would have required a separate sign. However in this case we do not have that. Additionally the establishment has alternatives that could reasonably solve the problem in which they seek to get more advertisement out there for themselves. Granting the request will also interfere with adjacent properties, which has been demonstrated by the competitor ABC Warehouse’s objections that have been presented. The spirit of the zoning ordinance is better served with the denial of this petition. Motion Carried: 5-2 (YES: Cassis, Krieger, Ibe,
Wrobel, Gedeon NO: Sanghvi and Skelcy) 3. Case No. 10-036 49251 Grand River Ave – Quick Lane The petitioner is requesting a variance to install a 7’ 4" high pole mounted changeable copy sign in addition to the existing signs at the Auto dealership located at 49251 Grand River. The property is zoned B-3 and is located south of Grand River and east of Wixom Rd. Section 28-1 (10) states:" Ground sign means a sign, not attached to any building, supported by a monument placed in the ground surface such that the entire bottom of the sign is affixed to the ground and is not supported by poles, columns or uprights." Section 28-5 (2)a.2.ii allows ground signs to be a maximum of 6 ft in height Section 28-5 (5) b Changeable Copy signs states: "Such signs shall be permitted only for places of worship; schools, movie theatres or similar entertainment venues at which shows, performers, or entertainers change on a regular basis; restaurants; and recreational facilities at which events change on a regular basis." IN CASE NO. 10-036 Motion to grant the variance as requested by the petitioner. The request is based upon circumstances of features that are exceptional and unique to the property. The petitioner has not provided the board with something that is different. The petitioner is actually replacing an existing sign. The size of the sign is not much different than what was there before. The difference is the changeable copy. The fact of the economic times that we live in calls for situations where businesses have to find ways to generate new business and new customers. This obviously works in the best interest of the petitioner. The problem is not self created. 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 for this business. The grant of relief will not result in a use of structure that is incompatible with adjacent businesses. The spirit of the zoning ordinance is also best served. This sign is placed on an internal site so traffic impacts will be reduced. This variance is just for the changeable copy and no other variances are being granted. Motion Carried: 4-3 (YES: Cassis, Krieger, Ibe,
Skelcy NO: Sanghvi, Wrobel and Gedeon 4. Case No. 10-037 26132 Ingersol Dr – Novi Town Center The petitioner is requesting variances to install a revised sign package including (4) oversize business center signs with (4) tenant names and an oversize clock tower sign on several locations at the Novi Town Center site. The property is zoned TC and is located south of I-96 and east of Novi Rd. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(1)e allows: "In an TC, TC-1, or GE district on-premises advertising signs as follows:…2. Business center sign: ground sign only and may also contain up to (2) tenant names and logos CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2)a.1:" …ground signs shall not exceed a maximum of thirty (30) square feet or (1) square foot of sign area for each two (2) feet of setback from the nearest street center line width, whichever is greater, with a maximum area of one hundred (100) square foot." IN CASE NO. 10-037 Motion to approve the variance as requested for the four existing business signs to continue with the addition of the cornice at the requested amount and up to four names can be placed as needed on the entrance signs as requested. The request is based upon circumstances of features that are exceptional and unique to the Town Center property and does not result from conditions that exist generally. It is not self created. The failure to grant relief will unreasonably prevent the use of this property, as Mr. Quinn said, new economic revitalization 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 will result in substantial justice being done to the applicant and adjacent or surrounding properties, as well as Novi, and is not inconsistent with the spirit of the ordinance. This will also include the oversized clock tower sign and clarification of two additional tenant signs for a total of four tenants. The tenant names will be tenants of the Novi Center Investors only. Motion Carried: 7-0 5. Case No. 10-038 25100 Novi Rd – Collex The petitioner is requesting the following variances on behalf of the property owner to address non-conformity that would result from the additional highway easement for the new railroad bridge on Novi Rd. and requests for relocation of an existing sign as a pole sign and a temporary sign for 18-24 months. The property is zoned I-2 and is located east of Novi Rd and south of Grand River. CITY OF NOVI, CODE OF ORDINANCES, Section 2400 Section 2506.13 Section 2513 Section 2509.3.b Section 2509.3.b Section 2001.3 Section 28-5 (1)c. regarding signs permitted according to district states: "In any industrial district (I-1, I-2) on-premises advertising signs as follows: 1. Business sign: Ground sing, wall sign or canopy sign. (pole sign proposed) Section 28-6 Temporary signs may be erected in accordance with the use, are, height and placement regulations of this section. (requested sign is not allowed) IN CASE NO. 10-038 Motion to table this request as requested by the petitioner to the December 14, 2010 Zoning Board of Appeals meeting. Motion Carried: 7-0 6. Case No. 10-039 24460 Novi Rd – Michigan Tractor & Machine The petitioner is requesting the following variances on behalf of the property owner to address non-conformity that would result from the additional highway easement for the new railroad bridge on Novi Rd and allow relocation of existing signage. The property is zoned I-2 and is located east of Novi Rd and south of Grand River. CITY OF NOVI, CODE OF ORDINANCES, Section 2400 (24800 Novi Rd) Section 2400 (24800 Novi Rd) Section 2400 (24460 Novi Rd) IN CASE NO. 10-039 Motion to approve the variances as requested by the County. We are having new construction placed on Novi Road that will impinge on the properties. The bridge will impinge on being able to observe this business. Also we are going to have improvements in that area that could impinge on being able to observe the business, see the business and know how to get to the business. The setback, frontage, height, bulk and density requirements unreasonably prevent the use of the property for the permitted purpose. The variance will provide substantial justice to the petitioner and surrounding property owners in the zoning district. There are unique circumstances created by the building of the bridge. The problem is not self created. It is created by the widening of the road and the installation of the bridge. There is adequate light and air provided to adjacent properties. There is no increase of fire danger or public safety. The property values will not be diminished within the surrounding area. The spirit of the Zoning Ordinance is observed. Motion Carried: 7-0 7. Case No. 10-040 25345 Novi Rd – Stricker Paint The petitioner is requesting the following variances on behalf of the property owner to address the reduced visibility for existing non-conforming signage that would result from the additional highway easement for the new railroad bridge on Novi Rd. The property is zoned I-1 and is located west of Novi Rd and south of Grand River. NOVI CODE OF ORDINANCES: Section 28-5 (1)c. regarding signs permitted according to district states: "In any industrial district (I-1, I-2) on-premises advertising signs as follows: 1. Business sign: Ground sing, wall sign or canopy sign. IN CASE NO. 10-040 Motion to table this request to the October 2010 Zoning Board of Appeals meeting so that the Road Commission can attempt to get better drawings and more descriptive documentation on how the 50 SF sign would look. Motion Carried: 7-0 8. Case No. 10-041 1254 East Lake Rd Robert Cummings is requesting six (6) variances for the construction of a new home located at 1254 East Lake Drive. Applicant is requesting a ten (10) foot front yard setback variance, a 22.06 foot rear yard setback variance, a north side yard setback variance of ten (10) feet, a south side yard setback variance of 5.29 feet with a total aggregate variance of both side yards of 15.29 feet, and a lot coverage variance of 15.1%. Property is zoned R-4 and located on Lot 2 in the Supervisor’s Plat No. 1 Subdivision, which is located east of East Lake Drive and north of New Court. The existing house is to be or has been demolished. The Board granted this request in April 2006 NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires; a thirty (30) foot front yard setback, a thirty-five (35) foot rear yard setback, a minimum side yard setback of ten (10) feet with an aggregate setback of both side yards of twenty-five (25) feet and a maximum lot coverage of twenty-five (25 %) percent. Required front yard setback 30 feet Required rear yard setback 35 feet Required side yard setback (north) 15 feet Required side yard setback (south) 10 feet Required side yard setback (both sides) 25 feet Proposed lot coverage 40.1% IN CASE NO. 10-041 Motion to table the petitioner request to the November 2010 Zoning Board of Appeals meeting. Motion Carried: 7-0 9. Case No. 10-042 26650 Taft Rd Lewis Hayes is requesting a use variance to allow outdoor storage for a concrete crushing operation. Property is zoned I-1 and is north of Grand River and east of Taft Rd. CITY OF NOVI, CODE OF ORDINANCES, Section 1901 Principal Uses Permitted states: "No building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provide in this Ordinance". IN CASE NO. 10-042 Motion to accept the applicants request for withdrawal of this application. Motion Carried: 7-0 10. Case No. 10-043 1181 West Lake Dr & 10-044 1185 West Lake Dr. The petitioner is requesting use and dimensional variances to allow construction of a shared garage across the property line dividing two separate parcels of land in the front and side setbacks as well as side and rear setback variances for proposed porch additions to 1185 West Lake Dr. CITY OF NOVI, CODE OF ORDINANCES, Section 201 defines accessory use as follows: "Accessory use, or accessory: A use which is clearly incidental to, customarily found in connection with, and located on the same zoning lot as the principal use to which it is related." Section 2503 B Accessory Buildings states: "Accessory buildings shall not be erected in any required front yard…." Section 2503 G Accessory Buildings states: " A detached accessory building shall not be located closer than ten (10) feet to any main building and shall not be located closer than six (6) feet to any interior side lot or rear lot line." Section 2400: Section 2400 Section 2400 IN CASE NO.10-043 1181 West Lake Drive, motion is made to deny the use variance request only that has been requested for the garage. I do not believe that the applicant has met the burden required for a use variance which would require the petitioner to meet the standard of the fact that the property could not be used for any of the uses permitted by right or by special land use permit in the zoning district in which it is located. I don’t feel that the applicant’s burden has been shown that there are unique circumstances or physical conditions of the property involved such as narrowness, shallowness, shape, water, topography or similar physical conditions. The proposed use will alter the essential character of the neighborhood and that the need for the requested variance hasn’t shown that it is not the result of the actions of the property owner or previous property owners. There are uses on both of the single family properties now. Motion Carried: 7-0 IN CASE NO. 10-044 1185 West Lake Drive motion is made to approve the requested variances pertaining to Section 2400 of the ordinance which would give them a 29.5 foot variance for the rear setback, 7 foot and 2 foot variance for the side setbacks and a 14 foot variance for the aggregate of the side setbacks based on the fact that the property dimensions are unusual. 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 the petitioner and surrounding property owners in the zoning district. There are unique circumstances to the shape of the property. The problem is not self created. There is adequate light and air provided to the adjacent properties. There is no increase of fire danger or public safety. Property values will not be diminished within the surrounding area and might even be enhanced. The spirit of the Zoning Ordinance is observed. Motion Carried: 7-0 11. Case No. 10-045 43771 Grand River Avenue George Pascaris is requesting a use variance to allow outdoor storage for several adjacent parcels at 43771 – 43831 Grand River Avenue. The property is zoned TC-1 and is located south of Grand River Ave and west of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 1601 Principal Uses Permitted states: "In the TC and TC-1 Town Center Districts, no building or land shall be used and not building shall be erected except for one or more of the following specified uses unless otherwise provided for in this Ordinance". IN CASE NO. 10-045 Motion to deny the request for the use variance made by the petitioner because the approval of their request would be represent a move backward from the progress toward the designations in the Master Plan for Land Use. Secondly, they have not met the burden that is required by showing an unnecessary hardship rather that mere practical difficulty. They have not shown that the property cannot be reasonably used for any of the uses permitted by right or by special land use permit in the zoning district. They have not shown that the need for the requested variance is due to unique circumstances or physical conditions of the property involved. They haven’t shown that the proposed use will not alter the essential character of the neighborhood. The need for the requested variance is not the result of actions of the property owner or previous property owners. Motion Carried: 7-0
The petitioner is requesting variances to add a new 2 car attached garage to an existing residence with an existing 2 car attached garage requiring a variance to exceed the 850 SF limit on accessory uses. Property is zoned R-4 and is located north of Eleven Mile Rd and east of Taft Rd. Allowable maximum accessory use 850 SF CITY OF NOVI, CODE OF ORDINANCES, SECTION 2503.1 E (1) IN CASE NO.10-046 Motion to approve the petitioner request to add a new 2 car attached garage to an existing residence which would require the variance of 310 SF that was requested. The setback, frontage, height and density requirements unreasonably prevent the use of the property for its permitted use. It will provide substantial justice to the petitioner and surrounding property owners. It is unique to this property. Adequate light and air is provided to adjacent properties. No increase of fire danger or public safety will occur. Property values will be improved within surrounding area. The spirit of the Zoning Ordinance is observed. The large size of the lot permits this use. Motion Carried: 7-0
OTHER MATTERS Adjourned at midnight. 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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