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ZONING BOARD OF APPEALS ACTION SUMMARY

CITY OF NOVI

Regular Meeting

Tuesday, May 10, 2011 - 7:00 P.M.

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

(248) 347-0459

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

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

Absent: Member Ibe (excused)

Also Present: Charles Boulard, Community Development Director, Kristen Kolb, City Attorney, Sarah Marchioni, Building Permit Coordinator and Angela Pawlowski, Recording Secretary

Pledge of Allegiance

Approval of Agenda: APPROVED

Approval of Minutes: APPROVED

Public Remarks: NONE

  1. Case No. 11-005 43100 Nine Mile Road

    The petitioner is requesting an extension of variance ZBA01-078 for an illuminated ground sign that is non-specific to the tenant. The property is zoned I-1 (Light Industrial District) and is located on the north side of Nine Mile Rd and east of Novi Rd.

    CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states: "…no building or parcel of land shall be allowed more than one (1) sign permitted…"

    IN CASE NO. 11-005 Motion to approve the request for the extension of the variance to continue the ground sign that exists that is non-specific to the tenant so that if the tenant changes, the sign may stay and the new tenant may use the same sign and that this request is based upon circumstances or features that are exceptionally unique to the property. As a previous member mentioned it is a reasonable request considering the proportions for signs and the building and does not result from conditions that exist generally in the City. 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 example, driving down Heslip, many buildings have for sale signs or occupancy and the grant of the relief will not result in a use of the structure that is incompatible with or unreasonably interferes with adjacent or surrounding properties. It will enhance the area and do substantial justice to the applicant and to the City and it is not inconsistent with the spirit of the use.

    Motion carried: 6-0
    Motion maker: Member Krieger

  2. Case No. 11-011 1375 East Lake Drive

    The applicant is requesting a twelve (12) foot front yard setback variance to allow the addition of a second floor deck addition to the existing residence. The property is zoned R-4 (One Family Residential) and is located east of Walled Lake between Thirteen and Fourteen Mile Roads.

    CITY OF NOVI, CODE OF ORDINANCES, ARTICLE 24, Section 2400, "Schedule of Regulations" requires a minimum of a thirty (30) foot front yard setback in an R-4 Zoning District.

    Required front yard setback: 30 feet
    Proposed: 18 feet
    Variance: 12 feet

    IN CASE NO. 11-011 Motion to grant the 12 foot variance that has been requested in their application. There are unique circumstances to the property such as shallowness, narrowness, shape, water, topography or similar physical conditions and the need for the variance is not due to the applicant’s personal or economic difficulty. As earlier mentioned, one of the unique circumstances is that the lots on the lake are irregularly shaped and small. The need is not self created. There is strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements. If this request were not granted it would unreasonably prevent the property owner from using the property for a permitted purpose, or 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 surrounding property, property values or the use and enjoyment of the property in the neighborhood or zoning district. In fact there was a neighbor who whole heartedly agreed with the changes that were going to be made to the house.

    Motion carried: 6-0
    Motion maker: Skelcy

  3. Case No. 11-012 21061 Haggerty Road (Dick’s Sporting Goods)

The applicant is requesting a permanent variance from Section 1203.2 of the City of Novi Zoning Ordinance to allow the use of the property located at 21061 Haggerty Road (Dick’s Sporting Goods) for placement of portable storage containers outside the west elevation of the building. The property is zoned OSC (Office Service Commercial) and is located on the west side of Haggerty Road and north of Eight Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 1203.2 requires uses within the OSC district to take place "within a completely enclosed building" and "…outdoor storage and display shall be prohibited."

IN CASE NO. 11-012 Motion to adjourn this matter to the June 14, 2011 meeting with the condition that the Applicant provide permission from the land owner.

Motion carried: 6-0
Motion maker: Krieger

 

Meeting adjourned at 7:27 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.