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ZONING BOARD OF APPEALS ACTION SUMMARY

CITY OF NOVI

Regular Meeting

Tuesday, August 14, 2012 - 7:00 P.M.

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

(248) 347-0459

Roll call Members Ferrell, Gedeon, Gerblick, Ghannam, Krieger, Sanghvi and Skelcy

Present: Members Ferrell, Gedeon, Gerblick, Ghannam, Krieger, Sanghvi and Skelcy

Absent : Member Ibe

Also Present: Charles Boulard, Director of Community Development, Elizabeth Saarela, City Attorney and Angela Pawlowski, Recording Secretary

Pledge of Allegiance

Approval of Agenda: Approved as amended

Approval of Minutes: Approval of the July 10, 2012 minutes

Public Remarks: None

  1. Case no. 12-021 44275 twelve mile road

    The applicant is requesting variances from Sections 2507 and 2503 of the Novi Zoning Ordinance. Applicant requests variance to allow its loading/unloading zone and trash dumpster to be in the middle of its site, instead of in the rear of its site as the Ordinance currently requires. The property is located south of Twelve Mile Road and West of Donelson Drive and has frontages on all four sides.

    CITY OF NOVI, CODE OF ORDINANCES, Section 2507(2) requires a site within an RC district to place its loading/unloading space in the rear of the site.

    CITY OF NOVI, CODE OF ORDINANCES, Section 2503(2)(F)(1) requires a site within an RC district to have its trash receptacle in the rear yard of the site.

    In CASE No. 12-021, motion to grant the variances as requested.

    The variance has unique circumstances or physical conditions of the property; specifically the property is bounded on all four sides by roads so there is no clear area for a rear yard. The need is not self-created. Strict compliance with regulations will unreasonably prevent the property owner from using the property for permitted purpose or will render conformity with those regulations unnecessarily burdensome. The requested variance is the minimum variance necessary to do some substantial justice to the applicant as well as other property owners in the district. As was noted by the applicant, the proposed location for the loading area and dumpster area will correspond with the adjunct properties. The requested variance will not cause ad adverse impact on surrounding property values or the use and enjoyment of property in the neighborhood or zoning district.

    Motion carried: 7-0
    Motion maker: Gedeon

  2. Case No. 12-031 43700 Expo Center Drive

    The applicant is requesting an exception to (5) Sections of the Novi Sign Ordinance: Section 28-5 (3), Section 28-5 (2) a.2.ii, Section 28-5 (2) a.1.i, Section 28-1(10) and Section 28-1 (3). Applicant requests to place two signs on the water tower at the former Expo Center property, reading "Adell" horizontally on the top and "Novi" vertically on the support of the water tower.

    The sign would be 120 square feet, exceeding the maximum size of 100 square feet. It also would be 120 feet in height, exceeding the maximum height of 6 feet, and would not be "supported by a monument," with the base of the sign on the ground. Finally, the sign would not reference a business located on the premises. The property is located west of Novi Road and south of Interstate 96 in the EXPO Zoning District.

    CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(3) permits only one (1) sign per property.
    CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) a.2.ii allows a ground sign to be a maximum of six (6) feet in height.
    CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) a.1.i stipulates that a ground sign be no more than 100 square feet.
    CITY OF NOVI, CODE OF ORDINANCES, Section 28-1 (10) states that a ground sign must be supported by a monument with the base of the sign on the ground.
    CITY OF NOVI CODE OF ORDINANCES, Section 28-1(3) requires that a business sign reference only the name of a business on the premises.

    In Case No. 12-031, motion to table the variance to the September 11, 2012 meeting.

    Motion carried: 7-0
    Motion maker: Skelcy

  3. Case No. 12-032 24926 Bloomfield Court

    The applicant is requesting an exception to CITY OF NOVI, CODE OF ORDINANCES, Section 2400 which stipulates minimum rear and side yard setbacks. Section 2400 requires that a site within an R-4 district have a minimum rear yard setback of 35’ and a minimum side yard setback of 10’, with the aggregate of both sides no less than 25’.

    The applicant’s proposed plan has rear yard of 29.24’, approximately six (6) feet less than the mandated minimum. The proposed plan has a 3.9’ side yard setback with an aggregate total of 13.9’, below the minimums of 10’ and 25’ respectively. The rear and side yards at issue about a woodlands and wetlands area. The property is located south of Grand River Avenue and east of Meadowbrook Road.

    CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires that a site within a R-4 district have a minimum rear yard setback of 35’.

    CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires that a site within a R-4 district have a minimum side yard setback of 10’ and a minimum aggregate of 25’.

    IN CASE NO. 12-032, motion to grant the variances as requested.

    As the variance has unique circumstances or physical conditions, the property has lots very narrow; flooded on all sides by woodlands and wetlands. The need is not self-created and strict compliance with regulations governing the area’s setbacks will unreasonably prevent the property owner from using the property for permitted purpose. The requested variance is the minimum variance necessary to do some substantial justice to the applicant and the requested variance will not cause an adverse impact on the surrounding property.

    Motion carried: 7-0
    Motion maker: Gerblick

  4. Case No. 12-033 21937 Meridian Lane

    The applicant is requesting an exception to CITY OF NOVI, CODE OF ORDINANCES, Section 2400 which stipulates minimum rear yard setbacks and lot coverage for construction of a screen porch. Section 2400 requires that a site within an R-4 district have a minimum rear yard setback of 35’ and a maximum lot coverage of 25% of the total lot size.

    The applicant’s plan has a proposed rear yard of 28’, 7’ short of the mandated 35’ setback. Also, the proposed addition to the home increases the total lot coverage to 27% of the total lot size, 2% greater than the allowable maximum. The property is located south of 9 Mile Road and east of Meadowbrook Road.

    CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires that a site within a R-4 district have a minimum rear yard setback of 35’.
    CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires that a site within a R-4 district have a maximum lot coverage of 25% of the total lot size.

    IN CASE NO. 12-033 motion to grant the variance as requested.

    There are unique circumstances and physical conditions of the property such as: the narrowness, shallowness, shape, water, topography, position of the footprint of the house on the property compared to the neighbors and similar physical conditions. 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, block, density or other dimensional requirements will unreasonably prevent the property owner from using the property for permitted purpose or will render conformity with those regulations unnecessary burdensome. The applicant stated by improving the existing deck the property values will potentially increase. 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 and has been approved by the Homeowners Association. 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.

    Motion carried: 7-0
    Motion maker: Krieger

  5. Case No. 12-034 121 Austin Drive

    The applicant is requesting a variance from CITY OF NOVI, CODE OF ORDINANCES, Section 2400. Front yard and side yard setback requirements are stated in Section 2400. The minimum front yard for a lot in an R-4 District is 30 feet and the minimum side yard is 10 feet. The proposed reconstruction/repair of an existing nonconforming structure would maintain the structure with only a 7’2" side yard, 2’10" short of the mandated minimum. The front yard would have a 20’ setback, 10’ below the required minimum. The property is located west of Old Novi Road and south of 13 Mile Road.

    CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires that a site within a R-4 district have a minimum front yard setback of 30’.
    CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires that a site within a R-4 district have a minimum side yard setback of 10’ and a minimum aggregate of 25’.

    IN CASE NO. 12-034 motion to table to the September 11, 2012 meeting.

    Motion carried: 7-0
    Motion maker: Sanghvi

  6. Case No. 12-035 41200 Bridge Street

    The applicant is requesting an extension of the variance granted in ZBA11-022 for one 24 square foot oversized real estate sign located at 41200 Bridge Street. The property is located east of Meadowbrook Road and south of Interstate 96, north of 11 Mile Road in the I-1 Zoning District.

    CITY OF NOVI, CODE OF ORDINANCE, Section 28-6 (4) states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the non-residential property…be…not less than one-half the distance between the principal building and adjacent street and not higher than ten (10) feet nor more than 16 square feet in area.

    IN CASE NO. 12-035 motion to grant the variance as requested.

    The request is based on circumstances or features that are exceptional and unique to the property. Specifically, the applicant mentioned that there are berms along the road that obstruct the view of the property and do not result from conditions that exist generally in the city or that are self-created. Failure to grant relief will unreasonably 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 the adjacent or surrounding properties will result in substantial justice being done to both the applicant and adjacent surrounding properties and is not inconsistent with the spirit of the ordinance. This variance is being granted for a one year extension.

    Motion carried: 4-3
    Motion maker: Gedeon

  7. Case No. 12-036 25975 Meadowbrook Road

    The applicant is requesting an extension of the variance granted in ZBA 11-022 for one 24 square foot oversized real estate sign located at 25795 Meadowbrook Road. The property is located east of Meadowbrook Road and south of 11 Mile Road in the I-1 Zoning District.

    CITY OF NOVI, CODE OF ORDINANCE, Section 28-6 (4) states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the non-residential property… be…not less than one-half the distance between the principal building and adjacent street and not higher than ten (10) feet nor more than 16 square feet in area.

    IN CASE NO. 12-035 motion to grant the variance as requested.

    The request is based on circumstances or features that exceptional and unique to the property. As the applicant indicated, there is a large wetland area separating the property from Meadowbrook Road where the sign will be located. 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 or 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 the adjacent or surrounding properties and is not inconsistent with the spirit of the ordinance. This variance is being granted for a one year extension.

    Motion carried: 4-3
    Motion maker: Gedeon

  8. Case No. 12-037 26940 Taft Road

The applicant is requesting an exception to CITY OF NOVI, CODE OF ORDINANCES Section 28-(6) which governs sign requirements. One sale, rental or lease sign is allowed as of right as long as it does not exceed 16 square feet. Applicant’s proposed sign is 48 square feet. It will be placed so as to be visible from the I-96 highway. The property is located east of Taft Road and south of Interstate 96 in the I-1 Zoning District.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 permits a sale/rental/lease sign of no more than 16 square feet.

IN CASE NO. 12-037 motion to grant the variance as requested.

As this request is based on circumstances that are exceptionally unique to the property; it backs up to the 96 freeway. Failure to grant relief will unreasonably prevent and limit the use of the property that will result in substantially more than mere inconvenience or inability to obtain a higher economic return. The grant will of relief will not result in the use or structure that incapable or unreasonably interferes with the adjacent or surrounding properties. This variance is being granted for one year or until sold.

Motion carried: 7-0
Motion maker: Gerblick

　

OTHER MATTERS

ADJOURNMENT at 8:06 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)