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View Agenda for this meeting
ZONING BOARD OF APPEALS ACTION SUMMARY
Regular Meeting
Tuesday, November 1, 2011 - 7:00 P.M.
Council Chambers | Roll call Members Gedeon, Gerblick, Ghannam, Ibe, Krieger, Sanghvi and Skelcy Present: Members Gedeon, Gerblick, Ghannam, Ibe, Krieger, Sanghvi and Skelcy Absent: None Also Present: Charles Boulard, Director of Community Development, Beth Kudla, City Attorney and Angela Pawlowski, Recording Secretary Pledge of Allegiance Approval of Agenda: Approved Approval of Minutes: None Public Remarks: None 1. Case No. 11-034 GRACE IMMANUEL BIBLE CHURCH The applicant is requesting a variance from Section 2400, Table 2400, footnote (b) of the Novi Zoning Ordinance to allow construction of an open porch roof above an exterior door extending 10 feet into the required 75 foot side setback for an existing church at 21900 Meadowbrook Rd at 21900 Meadowbrook Rd. CITY OF NOVI, CODE OF ORDINANCES, Section 2400, Table 2400 footnote (b) requires a minimum 75 foot side yard setback for other than 1 and 2 family homes in the R-3 Zoning District. IN CASE NO. 11-034 Motion to approve as requested. There are unique circumstances or physical conditions of the property specifically the existing orientation of the building the existing porch, the existing main entrance and ramp to that entrance. The need is not self-created this was an existing building that the applicant purchased. 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, and will render conformity with those regulations unnecessarily burdensome. Additionally strict compliance of the Zoning Ordinance could endanger the safety of the parishioners given there is snow and ice accumulating on the ramp or porch. 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. They are only asking for a slight extension of the porch to accommodate the post for the roof of the porch. 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. This is an existing entrance and they are not adding a new entrance. Motion carried: 6-1 Motion maker: Gedeon 2. Case No. 11-035 island lake of Novi Island Lake is requesting an extension to three oversized real estate advertising signs and two directional signs located in the Island Lakes Community Development. Property is zoned RA and is located south of Grand River Avenue, north of Ten Mile Road, east of Napier Road and west of Wixom Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) Temporary Signs states sale, rental or lease sign which identifies the sale, rental, or lease of the residential property…shall be 6 square feet in area and not higher than five (5) feet. The applicant is requesting three (3) variances for oversized real estate advertising signs to be located: (numbering per previous variance approval) #2 Boathouse Drakes Bay Drive/Terra Del Mar #6 26384 Crestwood Home site 46 #22 50595 Chesapeake Drive CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 (a) Prohibited Signs states a sign not expressly permitted is prohibited. The applicant is requesting an additional two (2) variances for directional signage within the development to be located: #11 Executive Model near 50406 Drakes Bay Drive #14 Model Home near 49950 Drakes Bay Drive Ordinance Section:
IN CASE NO. 11-035 Motion to grant the 4 variances as requested by the Applicant. #2 Boathouse Drakes Bay Drive/Terra Del Mar, #22 50595 Chesapeake Drive, #11 Executive Model near 50406 Drakes Bay Drive, #14 Model Home near 49950 Drakes Bay Drive. The request is based upon circumstances or features that are exceptional and unique to the property being that the development is extremely large and the roads are rather confusing to get around and do not result from conditions that exist generally in the City or that are 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 or surrounding properties. This development is totally enclosed so the residents of Novi would not be hindered by this sign since you have to be in the development to observe them. The granting of the variance 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: 7-0 Motion maker: Skelcy 3. Case No. 11-036 44911 Lindbergh LN The applicant is requesting a variance from Section 2400 of the Novi Zoning Ordinance to allow construction of a 3-season porch extending 5 feet into the required 35 foot rear yard setback of a single family lot in the R-4 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 2400, required a minimum rear yard setback of 35 feet in the R-4 Zoning District. IN CASE NO. 11-036 Motion to grant the Applicants request as requested. There are unique circumstances or physical make up of the property itself and the applicant has articulated, the topography of the land, the way it is shaped, that it backs into West Lake Rd and does not encroach upon other lands or other properties. The need is not self-created because the applicant purchased the property as is and was not the original homeowner and now that the need arises to improve the property, the variance should be granted. Strict compliance with regulations governing the area of setback if enforced would unreasonably prevent the property owners from using the property as should be permitted. 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 adversely impact on surrounding properties. In fact, it would enhance the property values and based on this and what has been stated by the Applicant as well as the discussions carried on by the members. Motion carried: 7-0 Motion maker: Ibe 4. Case No. 11-037 Lenox park The applicant is requesting a variance from Section 28-6(3) of the Sign Ordinance to allow continued placement of an oversize and over height real estate marketing sign (57 square feet in area and 12.5 feet in height) located on the west side of M-5 in the RA Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3)Temporary real estate signs shall not exceed 6 square feet in area and 5 feet in height. IN CASE NO. 11-037 Motion to grant the variance for two year limitation to allow for a fifty-seven (57) square foot sign, twelve and a half feet high real estate marketing sign that was previously approved under ZBA09-035 and ZBA07-030 with the condition that the extra signage which violates the size regulation be removed and not be reinstalled. The request is based upon circumstances or features that are exceptional and unique to the property in that it is shielded from M-5 and some people believe that it is part of Fox Run. And do not result from conditions that exist generally in the City or that are 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 or surrounding properties. Noting it is on a busy road and will not be seen by resident in other subdivisions. It 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: 7-0 Motion maker: Skelcy 5. Case No. 11-038 Mercedes Benz of Novi The applicant is requesting a modification of previous variance 97-057 from 28-5(d) of the Sign Ordinance to allow additional lettering to be installed on an existing business wall sign on the east face of an existing vehicle dealership. The area of the proposed sign configuration would be less than the 42 square feet authorized in the original variance. The subject property is located at 39500 Grand River Avenue in the B-3 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(d)1 which allows a single wall sign for a business in the B-3 zoning district. IN CASE NO. 11-038 Motion to approve the request for the granting of the modification of previous variance 97-057 from 28-5(d) of the Sign Ordinance to allow additional lettering to be installed on the existing Section 28-5.1(d)1. The request is based upon circumstances and features that are exceptional and unique to the property and do not result from conditions that exist generally in the City or are 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 or surrounding properties, will do substantial justice being done to both the applicant and adjacent properties, and is not inconsistent with the spirit of the ordinance. Motion carried: 7-0 Motion maker: Krieger 6. Case No. 11-039 HIGHLINE CLUB APARTMENTS (The heights of Novi) The applicant is requesting variances from Section 28-5(2)d of the Novi Sign Ordinance to allow installation of a 32 square foot oversize and 6 foot high over-height entranceway sign for an existing apartment complex . The applicant is also requesting variances from 28-5(2)d.3 to allow placement of the sign within a proposed public right of way and from the definition of an Entranceway Sign 28-1(7) to allow other than a ground sign. The subject property is located at 22123 Solomon Blvd in the RM-1 Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Sign Ordinance Section 28-5(2)d which limits entranceway signs to 24 square feet and 5 feet in height, 28-5(2)d.3 which requires entranceway signs be located at least 10 feet from any street right of way and 28-1(7) which defines an entranceway sign as a ground sign. IN CASE NO. 11-039 Motion to grant the request to allow the current sign to be moved into the proposed right-of-way and to allow the height as requested in the application based upon features that are exceptional and unique in the sense that the current sign location is not visible from Nine Mile Road because it is covered with vegetation and is set back inside the entrance and it makes it difficult to see the sign. Also that this is a new owner of the property and 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 limit the applicant from using his property the way it should be done. The applicant has stated that this is not an inability economic or financial issue but more to allow people to find the property easily. The grant of relief will not result in a use of structure that is incompatible or unreasonably interferes with adjacent or surrounding properties. This is a huge apartment complex and there are other complexes in the area and based upon what we have here so far we have not seen anything that would suggest that surrounding properties are going to be affected simply by moving this sign up front and the applicant has agreed that the grating of this variance will be subject to the following conditions: 1) The applicant will waive any cost of compensation in the future. 2) The applicant will waive the cost of removing the sign. 3) The posts of the sign will be covered through all seasons. Motion carried: 5-2 Motion maker: Ibe
7. Case No. 11-040 Diamond Jim Brady’s The applicant is requesting a variance from Section 28-5(e)(1) of the Novi Sign Ordinance to allow installation of a 3rd wall sign of 21 square feet for a new restaurant in an existing building. (The 2nd sign was allowed under a previous variance). The applicant is also requesting a variance from Section 2524 of the Novi Zoning Ordinance to allow unlimited use of a partially protected outdoor seating and dining area otherwise limited to use April 15 through November 30th of each year. The subject property is located at 43271 Crescent Blvd in the TC Zoning District. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(e)(1) of the Novi Sign Ordinance which allows a single wall sign for a business in the TC zoning district, and CITY OF NOVI, CODE OF ORDINANCES, Section 2524 of the Novi Zoning Ordinance which limits use of outdoor seating/dining to a period from April 15th to November 30th of each year. IN CASE NO. 11-040 Motion to grant variance request asking for a waiver of the Ordinance which limits the use of the outdoor seating dining to a period of April 15th to November 30th of each year and move that we permit them to have year round usage of the outdoor seating dining area café on a year round basis. The request is based on circumstances or features that are exceptional or unique to the property with the way that it’s designed and the size of the interior of the building. The failure to grant relief will unreasonably prevent or limit the use of this 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, especially since all the surrounding properties are business properties and the busy Novi Road. And 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: 7-0 Motion maker: Skelcy OTHER MATTERS Motion to approve the ZBA Calendar for 2012 as proposed. ADJOURNMENT 8:42 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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