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View Agenda for this meeting
ZONING BOARD OF APPEALS ACTION SUMMARY
Regular Meeting
Tuesday,
Council Chambers | Roll call Members Ghannam, Ibe, Krieger, Sanghvi, Skelcy, Gerblick and Gedeon Present: Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Gedeon Absent: Member Gerblick-Absent Excused Also Present: Andy Gerecke, Building Official, Tom Schultz, City Attorney and Angela Pawlowski, Recording Secretary Pledge of Allegiance Approval of Agenda: Approved Approval of Minutes: Approval of the August 9, 2011 MinutesPublic Remarks: None 1. Case No. 11-030 Ethan Allen The applicant is requesting a variance from Section 28-5(3) to allow placement of an additional fifty five (55) square foot wall sign on a retail structure located on the perimeter of the 12 Oaks Mall site at 42845 Twelve Mile Road in the RC, Regional Center District. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(3) allows only one sign per business. IN CASE NO. 11-030 Motion to approve to allow placement of a second wall sign of fifty five (55) square feet on the existing retail building located between Twelve Mile Road and the 12 Oaks Mall ring road. The request is based upon circumstances or features that are exceptional and unique to the property that the business is located much lower in the ground and there is no ability to see the business on Twelve Mile Road and do not result from conditions that exist generally in the City or that are 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. The grant of relief will not result in a use of structure that is incompatible with or unreasonably interferes with adjacent and surrounding properties, will result in substantial justice being done to both the applicant and adjacent or surrounding properties, and is not inconsistent with the spirit of the ordinance. Motion carried: 6-0 2. Case No. 11-010 ROAD COMMISSION FOR OAKLAND COUNTY 1. Request by Road Commission for Oakland County (RCOC) and Gagliano Enterprises/Collex Collision for rehearing of granting variance relief to Road Commission of Oakland County in ZBA11-010 for 25100 Novi Road heard July 12, 2011 to consider additional matters related to the relief granted and to consider the grant of alternative relief.IN CASE NO. 11-010 Motion to grant re-hearing. Motion carried: 5-1 2.) Rehearing of request ZBA11-010 The RCOC sought variances to address non-conformities that resulted from its acquisition of highway easement area for improvements to Novi Road, including front yard setbacks (92.2 feet), waiver of corner clearance, waiver of right of way/parking lot buffer/screening, reduction of street trees, and relocation and increase in height for a pole sign; pole signs are not permitted under the sign ordinance. The case was initially heard at the April 12, 2011 meeting of the ZBA. At that time the request was approved with the exception of the sign. The sign matter was tabled to allow the applicant to provide additional information. RCOC, as applicant, proposed an alternative to the pole sign including ground mounted reinstallation of the existing sign on a monument and an additional wall sign of up to thirty (30) square feet on the north building elevation. Variances were required for the proposed eight (8) foot height of the ground sign (to accommodate the new road embankment) and to allow the additional wall sign of thirty (30) square foot maximum. The Board granted the alternative relief on July 12, 2011, and denied the pole sign request. RCOC and Gagliano/Collex have now requested reconsideration of that action and that the pole sign variance be granted. The property is zoned I-2 (General Industrial) and is located on the east side of Novi Road and south of Grand River Avenue. CITY OF 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 sign, wall sign or canopy sign." (pole sign proposed) CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2)a.2.ii : all other ground signs shall not exceed six (6) feet. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) No building or parcel of land shall be allowed more than one (1) sign under this section. IN CASE NO. 11-010 Motion to deny the request for the variance for a pole sign affirming the previous motion to grant the alternative of two signs that was previously made. This is based on the fact that the request is not based on circumstances or features that exceptional or unique to the property and does not result from conditions that exist generally in the City or that are self-created. In addition, the failure to grant the relief will not unreasonably prevent or limit the use of the property and will not result in substantially more than mere inconvenience or inability to obtain a higher economic or financial return. The grant of relief will not result in a structure that is incompatible with or unreasonably interferes with the adjacent or surrounding properties and will not result in substantial injustice being done to the applicant and adjacent or surrounding properties. If it were to be granted it would be inconsistent with the spirit of the Ordinance. Motion carried: 4-2 3. Case No. 11-031 Spirit Halloween The applicant is requesting a variance from Section 28-5(3) to allow placement of an additional sixty (60) square foot wall sign on the west elevation of a retail structure located on the perimeter of the 12 Oaks Mall site located at 27754 Novi Road in the RC, Regional Center District. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(3) allows only one sign per business. IN CASE NO. 11-031 Motion to approve the request based upon circumstances or features that are exceptional and unique to the property and do not result from conditions that exist generally in the City or that are self-created. This specific property is located in a unique place near Twelve Oaks Mall and visibility is an issue for the applicant. 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 applicant is in a temporary business for selling seasonal items and failure to grant this relief will create a burden on this applicant. The grant of relief will not result in a use of structure that is incompatible with or unreasonably interferes with adjacent or surrounding properties, will result in substantial justice being done to both the applicant and adjacent or surrounding properties, and is not inconsistent with the spirit of the ordinance. These temporary signs will be granted until November 3, 2011 based on the request of the applicant and the applicant stated he would have the extra lawn signs removed. Motion carried: 6-0 4. Case No. 11-032 Shiro Restaurant The applicant is requesting a variance from Section 28-8 to allow continued placement of a thirty six (36) square foot off-premises pole sign for an existing restaurant business located at 43180 Nine Mile Road in the RM-1, Low Density Multiple Family District. CITY OF NOVI, CODE OF ORDINANCES, Section 28-8 allows off-premises advertising signs in the I-2 Zoning District only. IN CASE NO. 11-032 Motion to approve the request for the variance to allow the continued placement of the 36 square foot off-premises sign for an existing restaurant business for 3 years. The request is based upon circumstances or features that are exceptional and unique to the property being that this is a house farther east of Novi Road and does not result from conditions that exist generally in the City or that are self-created. The applicant is the property owner of the property from Novi Road to the Arkin building so this sign is also on his property. The failure to grant relief will unreasonably prevent or limit the use of this historical 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, will result in substantial justice being done to both the applicant and adjacent or surrounding properties, and is not inconsistent with the spirit of the ordinance. Motion carried: 5-1 5. Case No. 11-033 Fiat of Novi The applicant is requesting variances from Section 2400 to allow a reduction in the required front yard parking setback from 20 feet to 18.5 feet, Section 1503 (5) to allow Service Reception overhead doors facing Haggerty Road, Section 2503(F).1 to allow placement of a dumpster enclosure in a side yard and Section 28-5(3) to allow placement of three (3) additional wall signs on a new automotive dealership and service facility located at 24305 Haggerty Road in the B-3, General Business District. CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires a 20 foot front yard setback to parking in the B-3 District. CITY OF NOVI, CODE OF ORDINANCES, Section 1503(5) prohibits overhead service doors facing a thoroughfare. CITY OF NOVI, CODE OF ORDINANCES, Section 2503 (F).1 requires accessory dumpster enclosure placement in the rear yard. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(3) allows only one sign per business. IN CASE NO. 11-033 Motion to grant the following variances as requested. 1.) granting a 20 foot front yard setback to parking. 2.) Permission to have overhead service doors facing a thoroughfare. 3.) That an accessory dumpster being placed in the location indicated by the architect which will be surrounded by a brick wall on all 3 sides. 4.) Grant the two red signs that were requested for the front of the building. This motion is made because there are unique circumstances and physical conditions of the property such as narrowness, shallowness, shape, water, topography or similar 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, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome. The requested variances are the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district. The requested variances 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 and in fact it will likely increase the value. Motion carried: 6-0 OTHER MATTERS None ADJOURNMENT 8:45 PM Zoning Ordinance, Section 3107. - Miscellaneous. No order of the Board permitting the erection of a building shall be valid for a period longer than one (1) year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. No order of the Board permitting a use of a building or premises shall be valid for a period longer than one-hundred and eighty (180) days unless such use is established within such a period; provided, however, where such use permitted is dependent upon the erection or alteration of a building such order shall continue in force and effect if a building permit for such erection or alteration is obtained within one (1) year and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. Such time limits shall be extended for those applicants requiring site plan review to a period of thirty (30) days after the date of final site plan approval has been given by the City. (Ord. No. 18.226, 5-12-08; Ord. No. 10-18.244, Pt. VII, 11-8-10)
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