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ZONING BOARD OF APPEALS ACTION SUMMARY
Regular Meeting
Council Chambers | Roll call Members Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Gedeon Present: Member Ghannam, Ibe, Krieger, Sanghvi, Skely and Gedeon Absent: Member Cassis (excused) Also Present: Charles Boulard, Community Development Director, Beth Kudla, City Attorney, Sarah Marchioni, Building Permit Coordinator Pledge of Allegiance Approval of Agenda: APPROVED Approval of Minutes: APPROVED with corrections Public Remarks: NONE 1. Case No. 10-061 41107 Jo Drive Schonsheck Construction, Inc. is requesting a use variance to allow outdoor storage of unlicensed cars in the parking lot of the property located at 41107 Jo Dr. The property is zoned I-1 and is located on the south side of Jo Dr., north of Grand River Ave. CITY OF NOVI, CODE OF ORDINANCES, Section 1903.4 requires vehicle parking for automobile service establishments be limited to customers and employees and not for vehicle storage longer than twenty-four hours and indicates that no vehicles without current license plates be stored outside. IN CASE NO. 10-061 Motion to grant the request of the applicant as requested for the following reasons; (1) 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 in which it is located, (2) that the need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, the topographic, or similar physical conditions and is not due to the applicant’s personal or economic hardship, (3) that the proposed land use will not alter the essential character of the neighborhood and as was clearly stated by the attorney for the applicant the area itself is pretty isolated and it fits very well with the character of the neighborhood, (4) that the need of the requested variance is not the result of actions of the owner of the property, being that it is not self-created and as it was stated it is a Cadillac dealership and General Motors requires setting consistency with its dealerships and obviously the owners of this dealership has gone to great efforts to ensure that they comply with what is required to maintain a dealership. Therefore based on the foregoing reasons I move that we grant the request as stated by the applicant. Motion carried: 6-0 2. Case No. 11-006 30275 Hudson Drive The petitioner is requesting a variance to the required number of off-street parking spaces. Petitioner is proposing 110 parking spaces in lieu of the 128 parking spaces required by the Zoning Ordinance. Twenty-six of the proposed parking spaces will be in the form of land banked parking. The property is zoned I-1 and is located on the southwest corner of Cartier Drive and Hudson Drive. CITY OF NOVI, CODE OF ORDINANCES, Section 2505.14.d(2) Off-Street Parking Requirements states: The minimum number of off-street parking spaces for business offices shall be one (1) parking space for each two hundred twenty-two (222) square feet of gross leasable area. Section 2505.14.e(2) Off-Street Parking Requirements states: The minimum number of off-street parking spaces for warehouses shall be one (1) parking space for each seven hundred (700) square feet of usable area. IN CASE NO. 11-006 Motion to approve the variance request for the number of off-street parking spaces that the petitioner is proposing; 110 in lieu of 128 and this will be for this particular tenant and would need to be re-visited in the future if a new tenant moves in. The parking is structured so that they would have parking for the office space as requested. The 11,750 square feet for office moves to 23,378 square feet and then the warehouse would move from 21,416 to 15,991 for a 6,203 square foot change. Motion carried: 6-0 3. Case No. 11-007 24255 Novi Road The petitioner is requesting a variance to install a 30 SF multi tenant business center sign to include four (4) business names at the Pine Ridge Center which is located at 24255 Novi Rd. The property is zoned B-3 and is located north of Ten Mile Rd on the Westside of Novi Rd. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (1)d. does not permit a business center sign to include tenant names in a B-3 zoning district. The proposed sign includes four (4) tenant names. IN CASE NO. 11-007 Motion to table this case until the June 14, 2011 Zoning Board of Appeals meeting as requested by the applicant. Motion carried: 6-0 4. Case No. 11-008 26444 Taft Road The petitioner is requesting four variances for the proposed use of an existing non-conforming structure for a professional office located at 26444 Taft Rd. Applicant is proposing use of an existing residential structure in an I-1 district for an office, without structural alterations until a new structure can be approved and built. Applicant is requesting one front yard setback variance (13ft), one parking surfacing variance (to allow gravel) and one variance from the required standards for landscaping (right of way/landscape buffer/screening) and a variance to mow within the watercourse/wetland buffer. Property is zoned I-1 and is located south of Grand River and east of Taft Rd. CITY OF NOVI, CODE OF ORDINANCES, Article 24. Schedule of Regulations Section 2400 states: REQUIRED FRONT YARD SETBACK 40 FEET CITY OF NOVI, CODE OF ORDINANCES, Section 2506.8 Off Street Stacking Space, Layout Standards, Construction and Maintenance states: "The entire parking area, including parking spaces and maneuvering lanes, required under this section shall be provided with asphalt or concrete surfacing in accordance with the parking standards contained in the City’s Design and Construction Standards."
CITY OF NOVI, CODE OF ORDINANCES, Section 2509 Landscape Standards: Obscuring Earth Berms and Walls, Rights-of-Way Berms and Walls, Rights-of-Way Buffers, and Interior and Exterior Landscape Plantings states: "Landscape regulation is intended to establish minimum standards for all property in the City. Property owners and occupants are encouraged to exceed these standards, to minimize paved areas and other run-off areas, and to maximize the areas devoted to attractively designed and well-maintained landscapes." CITY OF NOVI, CODE OF ORDINANCES, Section 2400(t)3 Wetland/Watercourse Setback: Within an established wetland or watercourse setback, unless and only to the extent determined to be in the public interest by the body undertaking plan review, there shall be no deposition of any material, removal of any soils, minerals and/or vegetation, dredging, filling or land balancing, or construction of any temporary or permanent structures. IN CASE NO. 11-008 Motion to approve the following variances be granted for a time period of three (3) years only and those variances include one front yard setback variance of thirteen (13) feet, one parking service variance to allow for gravel, and one variance from the required standards for landscaping the right of way landscape buffer screening. I make this motion because there are unique circumstances and physical conditions of the property such as its shape and other physical conditions and the need for the variance is not due to the applicant’s personal or economic difficulty, the need is not self-created, strict compliance with regulations governing area, setback, frontage, height, density, bulk and other dimensional requirements will unreasonable prevent the property owner from using the property for a permitted purpose, which he indicates is commercial in nature, and will render conformity with those regulations unnecessarily burdensome. The requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district. The requested variance will not cause an adverse impact on the surrounding property, the property values or the use and enjoyment of the property in the neighborhood or zoning district. Motion carried: 5-1 IN CASE NO. 11-008 Motion to allow a three (3) year variance to permit the petitioner to mow within the watercourse wetland buffer. Whatever work does take place must be in line with the DEQ requirements. Motion carried: 5-1 5. Case No. 11-009 25000 Joseph Drive The petitioner is requesting a variance to install an additional wall sign on the north elevation of the building located at 25000 Joseph Dr for Oakland Oral Surgery. The property is zoned NCC and is located south of Grand River Ave and east of Meadowbrook Rd. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) Number of off-premises advertising signs permitted states "No building or parcel of land shall be allowed more than one (1) sign…" IN CASE NO. 11-009 Motion to grant the request as made by the applicant for the variance. The request should be granted based upon the circumstances of features that are exceptional and unique to the property and do not result from the conditions that exist generally in the City or that are self-created. As stated by the applicant as well some of the comments by the members there are two buildings on this particular parcel, yours is in the front, meaning the applicant, and there is another building in the back that is currently monument sign that can serve the back tenant. What is requested will serve the front tenant, being you. So that is what is unique about this particular property. Second, the failure to grant relief will unreasonably prevent or limit the use of the property and will result in substantially more than mere inconvenience for you to achieve higher economic financial return on your investment. The grant of relief will not be incompatible or unreasonably interfere with adjacent property owners and I believe that this is consistent with the spirit of the Zoning Ordinance. Therefore based on the foregoing reasons I move that we grant this request as made by the applicant. Motion carried: 6-0 6. Case No. 11-010 25100 Novi Road The petitioner is requesting variances to address non-conformities that will result from acquisition of the additional highway easement for the new railroad bridge on Novi Rd including front yard setbacks (92.2ft), waiver of corner clearance, waiver of right of way/parking lot buffer/screening, reduction of street trees, relocation of a pole sign and installation of 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 2400h 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 sign, wall sign or canopy sign. (pole sign proposed) Section 2400h Required minimum parking front yard setback 40’ Section 2509b Required landscape berm to screen parking 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. 11-010 Motion to the requested variance for the front yard setback of ninety two (92) feet and two (2) inches be granted, that the requested corner clearing area variance of twenty five (25) feet be granted, that the right of way landscaping between parking lot and Novi Road variance of seventeen (17) feet, two (2) inches be granted, that the requested waiver of four (4) required canopy and eight (8) required sub-canopy trees be granted, that the requested variance for waiver of the screen wall or landscape berm requirement be granted, that the temporary sign request be granted, that the required minimum parking front yard setback of thirty two (32) feet, two (2) inches be granted, that the proposed waiver of the berm be granted and that temporary signs may be erected in accordance with the use, area, height and placement regulations of Section 28-6. This is based on the fact that the request is based upon circumstances of features that are exceptional and unique to the property given the fact that the road is under construction and will include a new bridge and do not result from conditions that exist generally in the City or that are self-created. This is also based on the fact that the failure to grant the relief will unreasonably prevent or limit the use of the property based on the new construction and the installation of the bridge and will result in substantially more than mere inconvenience or inability to attain a higher economic or financial return for the property owner. Finally, that the grant of relief will not result in a use of structure that is incompatible with or unreasonably interferes with adjacent or surrounding properties, or will result in substantial justice being done to both the applicant and adjacent and surrounding properties, and is not inconsistent with the spirit of the ordinance. That the petitioner has met the standards required for granting the dimensional variances here in that the problem here is not self-created and that there is adequate light and air for the property owners is not impaired in any way. There is no increase of fire or danger to public safety based on what we have heard from the engineer for the Road Commission. Although there are some conflicting reports from parties who are opposed to it but based on what we have heard so far it definitely meets the standard required. Also, that the property values in the area will not be diminished by the construction that has been proposed here. In fact, I think the opposite will happen, it might actually enhance property values in the area considering the fact that as it is right now that place is not conducive enough to attract more businesses but with the new construction it might actually enhance the property values and not diminish it. Finally, that the spirit of the Zoning Ordinance will be observed by granted these variances. Motion carried: 5-1 IN CASE NO. 11-010 Motion that the requested variance under Section 28-5(1)c regarding signs permitted in this particular district and the request for the pole sign be adjourned until the June 14, 2011 Zoning Board of Appeals meeting. Motion carried: 6-0 OTHER MATTERS Meeting adjourned at 9:48 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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