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View Agenda for this meeting
ZONING BOARD OF APPEALS ACTION SUMMARY
Regular Meeting
Council Chambers | Roll call Members Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Gedeon Present: Members Cassis, Ghannam, Ibe, Krieger and Sanghvi Absent: Members Skelcy and Gedeon Also Present: Charles Boulard, Community Development Director, Beth Kudla, City Attorney, Malinda Martin, Senior Customer Service Rep. Pledge of Allegiance Member Ibe Approval of Agenda: APPROVED with amendments Approval of Minutes: November 9, 2010 with corrections Public Remarks: Council Member Wayne Wrobel thanked the Zoning Board of Appeals members and staff for all of their support during his term while serving on the Zoning Board of Appeals. Election for temporary Vice Chairman for the December 14, 2010 and January 11, 2011 Zoning Board of Appeals meeting. Member Krieger was appointed temporary Vice Chairman.
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% (revised to 37.9%) IN CASE NO. 10-041 Motion to grant the petitioners request which means all six variances. There are unique circumstances due to physical conditions as well as the narrowness of this lot. The variances are needed to be able to construct the new home on this property. The need is not self-created. The physical conditions and the lot size of this particular water front property make it very difficult to have anything happen without the variances that are requested by the petitioner. Strict compliance with regulations governing areas, heights, setbacks, frontage, bulk and density will unreasonably prevent this applicant from accomplishing the construction of property unless the variances are granted. Therefore not conforming to the strict requirement of the regulations will allow the petitioner to meet the obligation that he has set for himself. The requested variance is the minimum requirement that will do substantial justice to this applicant. For example, the applicant has moved the setback back to the old setback of the home before it was demolished. Obviously he cannot go any farther and requiring that the applicant move it any farther than it was on the property is asking too much. The requested variance, with all due respect to the objections that have been given by concerned homeowners, will not cause an adverse impact on surrounding properties. It will actually enhance the property values and considering that the petitioner has taken a specific amount of time to investigate all the particulars that are required to accomplish this construction. I move that based on the reasons previously stated and the reasons stated by this petitioner, in consideration with the objections that have been made, that the board grant the petitioners request. Motion carried: 5-0 The petitioner is requesting an extension of the tabling of this case until the January 11, 2011 Zoning Board of Appeals. IN CASE NO. 10-053 Motion to table to the January 11, 2011 Zoning Board of Appeals meeting. Motion carried: 5-0 3. Case No. 10-054 41325 Ten Mile Rd – PNC Bank The petitioner is requesting consideration to be withdrawn, case tabled from the December 14, 2010 Zoning Board of Appeals meeting. IN CASE NO. 10-054 Motion to accept the withdrawal of this case. Motion carried: 5-0
The petitioner is requesting consideration to be withdrawn, case tabled from the December 14, 2010 Zoning Board of Appeals meeting. IN CASE NO. 10-055 Motion to accept the withdrawal of this case. Motion carried: 5-0 The petitioner is requesting a variance to install a 51 SF ground sign with a height of 5’ 5" at the entranceway of the Fox Run Village Community located at 41000 Thirteen Mile Rd. The property is zoned RM-1 and is located north of Thirteen Mile Rd and west of M-5. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2)d. allows entranceway signs to be a maximum of 24 square feet and 5 feet in height. IN CASE NO. 10-056 Motion to table to the January 11, 2011 Zoning Board of Appeals meeting. Motion carried: 5-0 The petitioner is requesting an extension to variance ZBA09-038 to allow the continued placement of the existing real estate sign located south of Potomac Drive in Main Street Village. The property is zoned TC-1 and is located south of Grand River Avenue and east of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) Temporary Signs states: "Sale, rental, or lease sign which identifies the sale, rental, or lease of multiple-family apartment complexes upon which the sign is located shall be valid until and thirty (30) days after sale of lease of property." IN CASE NO. 10-057 Motion to table to the January 11, 2011 Zoning Board of Appeals meeting due to lack of appearance by the applicant. Motion carried: 5-0 The petitioner is requesting a variance to install an additional 50 SF wall sign on the building located at 42970 Grand River Ave for Tony Sacco’s Coal Oven Pizza. 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…." IN CASE NO. 10-058 Motion to approve the request for installation of a 50 SF wall sign as requested for 42970 Grand River Avenue. The practical difficulty is when driving south bound on Grand River and looking for the pizza place. you would not see it unless you were coming on Grand River. The building face two streets. The request is exceptional and unique to this property. It would unreasonably prevent the use of their property. It would be an inability to attain a higher economic return. It would not result in use of the structure that is incompatible or unreasonably interfere with surrounding properties. Motion carried: 5-0 IN CASE NO. 10-058 Motion to waive the 10 day requirement for issuance of the sign permit. Motion carried: 5-0 The petitioner is requesting a variance to install the tenant name in both 3 SF tenant locations on the existing ground sign adjacent to the mall ring road and an additional 90 SF wall sign on the building located at 43235 Twelve Mile Rd. The property is zoned RC and is located south of Twelve Mile Rd and east of Novi Rd. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) Number of on-premises advertising signs permitted, states: "No building or parcel of land shall be allowed more than one (1) sign permitted under this section…" IN CASE NO. 10-059 Motion to approve the two 3 SF locations on the existing ground sign located on the mall ring road as requested. The practical difficulty for directional signage is unique to this property. If a customer that is driving misses the first entrance then they would be on the ring road and would be able to have a directional sign to ease into where the building is located for the mattress company. It is not self created. It will not unreasonably prevent or limit the use of the property. It will not be an inconvenience or would allow them obtain a higher economic return. It will not interfere with adjacent or surrounding properties and will do substantial justice to this applicant. Motion carried: 5-0 IN CASE NO. 10-059 Motion to deny the request for the additional sign. The problem is self-created. The petitioner is allowed by Ordinance one sign. The petitioner already has one sign and it is located facing Twelve Mile Road and the petitioner now seeks an additional sign of 90 SF above the door as a directional sign. The door was located at this particular location when the petitioner opted to put the sign on the Twelve Mile Road. The failure to grant will not provent the use of this property and will not inconvenience the petitioner from obtaining a higher economic or financial return on his investment. The failure to grant relief is not unreasonable and the petitioner will not be harmed in any manner or shape. Substantial justice will be done to the surrounding businesses in the area. This is consistent with the spirit of the ordinance which calls for one signage only. Therefore I move that we deny the request for the 90 SF wall sign requested by the petitioner. Motion carried: 3-2 (YES: Cassis, Ibe and Ghannam NO: Sanghvi and Krieger) Motion maker: Member Ibe Space Project Construction Inc. is requesting a variance to locate an accessory structure in the interior side yard of the property located at 46470 Desoto Ct. The property is zoned I-1 and is located north of West Rd and east of Beck Rd. CITY OF NOVI, CODE OF ORDINANCES, Section 2503.2.A requires accessory structures to be placed in the rear yard. IN CASE NO. 10-060 Motion to grant the request as submitted by the applicant. The applicant has demonstrated practical difficulty. There are unique circumstances that are physical conditions of the property such as topography of the parking lot. There are adjacent industrial buildings in the area. This makes it extremely difficult for the applicant to have any other option other than where they have chosen to locate the generator. The need is not self created. Strict compliance with regulations governing setbacks will render conformity with those regulations unnecessarily burdensome for the applicant. The requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property areas. The requested variance will not cause an adverse impact on surrounding property. Also this will allow the use of the adjourning property in accordance with the zoning district. Motion carried: 5-0 OTHER MATTERS Meeting adjourned at 9:02 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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