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View Agenda for this meeting
ZONING BOARD OF APPEALS ACTION SUMMARY
Regular Meeting
Council Chambers | Roll call Members Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy, and Gedeon Present: Members Ibe, Krieger, Ghannam, Gedeon and Skelcy (arrived late at 7:33 PM) Absent: Members Cassis and Sanghvi Also Present: Charles Boulard, Community Development Director, Tom Schultz, City Attorney, Malinda Martin, Senior Customer Service Rep. Pledge of Allegiance: Member Gedeon Approval of Agenda: APPROVED with amendments Approval of Minutes: APPROVAL Public Remarks: NONE
1. Case No. 10-056 41000 Thirteen Mile Rd – Fox Run The petitioner is requesting a variance to install a 51 SF ground sign with a height of 5’ 5" at the entranceway of the Fox Run Village Community located at 41000 Thirteen Mile Rd. The property is zoned RM-1 and is located north of Thirteen Mile Rd and west of M-5. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2)d. allows entranceway signs to be a maximum of 24 square feet and 5 feet in height. IN CASE NO.10-056 Withdrawn by petitioner prior to meeting. 2. Case No. 10-057 25300 Constitution – Mainstreet Village The petitioner is requesting an extension to variance ZBA09-038 to allow the continued placement of the existing real estate sign located south of Potomac Drive in Main Street Village. The property is zoned TC-1 and is located south of Grand River Avenue and east of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) Temporary Signs states: "Sale, rental, or lease sign which identifies the sale, rental, or lease of multiple-family apartment complexes upon which the sign. IN CASE NO. 10-057 Motion to deny this variance because the petitioner has not shown practical difficulty requiring a variance for a temporary sign. The circumstances and features of the property, including the layout of the facility, are not unique because they exist generally throughout the City. The circumstances and features of the property relating to the variance request are self created because they are seeking the use of the temporary sign to generate business. The failure to grant relief will result in mere inconvenience or inability to attain a higher economic or financial return based on the petitioner’s statements that they are seeking to have an occupancy rate of 95 percent. The variance would result in interference with the adjacent or surrounding properties by allowing extra signage for the business. Granting the variance would be inconsistent with the spirit and intent of the ordinance to maintain proper signage throughout the City. Motion carried: Member Skelcy 3. Case No. 10-062 Weiss The petitioner is requesting variances to allow the land uses allowed currently under Section 1401 of the City of Novi Zoning Ordinance for the B-2 zoning for portions of existing parcels 22-26-101-019 and 22-26-101-021 zoned I-1 and OS-1 respectively with frontage on Ten Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Article 11, Section 1101(OS-1)and Article 19, Section 1901 (I-1) IN CASE NO. 10-062 Motion to table this case until the March 8, 2011 Zoning Board of Appeals meeting at the request of applicant and to allow City Staff to provide the required additional information. Motion carried: Member Krieger 4. Case No. 10-064 44050 Twelve Mile Road NorthStar Signs Inc. is requesting an extension of variance ZBA09-021 for a 20 square foot real estate leasing sign located at 44050 Twelve Mile Road in the Stoneridge Office Plaza. The property is zoned OS-1 and is north of Twelve Mile Road and west of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) allows leasing signs to be a maximum of 16 square feet and located not less than one-half the distance between the principal building and adjacent street. IN CASE NO. 10-064 Motion to grant the petitioners request for an extension of the current variance for the sign located at 44050 Twelve Mile Road to be extended for 12 months. The unique location of this property has a berm which is in front of the property that is elevated somewhat and is shielding the actual property. You can’t really see it from Twelve Mile Road, depending on how fast you are going, especially going west on Twelve Mile Road. Also, it is difficult to see going east on Twelve Mile. The applicant obviously has made sufficient efforts in trying to comply with the ordinance. However failure to grant the extension would prevent or limit the use of this property and will result in more than mere inconvenience and will prevent the applicant from obtaining the full financial returns on this investment. The grant of relief will not be incompatible with or interfere with adjacent or surrounding properties. This is consistent with the spirit of the ordinance. Motion carried: 5-0 5. Case No. 10-065 41000 Bridge Street NorthStar Signs Inc. is requesting an extension of variance ZBA08-062 for a 63 square foot real estate leasing sign located at 41000 Bridge St. The property is zoned I-1 and located north of Eleven Mile Rd and east of Meadowbrook Rd. Section 28-6 (4) Temporary signage, limited size and height IN CASE NO. 10-065 Motion to approve the request for North Star Signs Inc. for an extension of their 63 SF real estate sign along the expressway for a period of 1 year. This request is unique to this area because it does not have a major thoroughfare. They are facing the expressway which is at a higher speed. The relief will not result in a use of structure that is incompatible with or unreasonably interferes with adjacent or surrounding properties. Motion carried: 5-0 6. Case No. 10-066 Walmart Walmart is requesting variances for the construction of a 149,854 square foot Walmart supercenter in the existing Novi Town Center. The applicant is requesting a variance to allow the refuse bin (bale and pallet storage area) to be located in an exterior side (eastern) yard, a variance to allow the open air business use to project approximately 28 feet into the front yard, a 0 foot front (western) yard parking setback variance, a 0 foot interior side (northern) yard parking setback variance, 0 foot exterior side (southern and eastern) yard parking setback variances, a variance to allow a loading zone in the exterior side (eastern) yard, a variance to allow a loading zone in the exterior side (southern) yard, a variance to allow an accessory structure (trash compactor) in the exterior side (eastern) yard, variances to allow maximum illumination at the western, northern, southern and eastern property lines to exceed 1 foot candle. The property is zoned TC and located east of Novi Road and north of Grand River Avenue in the existing Novi Town Center. The existing former Mervyn’s store will be demolished. CITY OF NOVI, ZONING ORDINANCE, Section 2503.2.F.1: "Except where otherwise permitted and regulated in this Ordinance, refuse bins and their screening enclosures shall be located in the rear yard." CITY OF NOVI, ZONING ORDINANCE, Section 1602.1.a: "Retail sales of plant material and sales of lawn furniture, playground equipment, and garden supplies, provided that such uses shall be located outside of the building wall and in the designated side or rear yard…" CITY OF NOVI ZONING ORDINANCE, Section 2400 requires a twenty (20) foot front yard parking setback, a twenty (20) foot interior side yard parking setback and a twenty (20) foot exterior side yard parking setback. Required front yard parking setback (west) 20
feet Required interior side yard parking setback
(north) 20 feet Required exterior side yard parking setback
(south) 20 feet Required exterior side yard parking setback
(east) 20 feet CITY OF NOVI, ZONING ORDINANCE, Section 2507.2: "Within the B, GE, FS, RC, NCC, TC and TC-1 Districts, loading, unloading space shall be provided in the rear yard…" CITY OF NOVI, ZONING ORDINANCE, Section 2503.2.A: "Accessory structures, except where otherwise permitted and regulated in this Ordinance, shall be located in the rear yard." CITY OF NOVI, ZONING ORDINANCE, Section 2511.3.k: "…Where a site abuts a nonresidential district, maximum illumination at the property line shall not exceed one (1) foot-candle…" IN CASE NO. 10-066 Motion to grant all of the variances as requested by the applicant. This involves a practical difficulty that exists with the current location where the property will be located. There are unique circumstances regarding the physical setting of the place itself. The property is abutting 2 or 3 different roads. The variance will accommodate the applicants request. 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 the permitted purpose and will render conformity with those regulations unnecessarily burdensome. The requested variances are the minimum variances necessary to do substantial justice to the applicant as well as the surrounding property owners. The requested variance will not impact on surrounding property, in fact, it may actually help because it will attract more customers for the other businesses in the area. Motion carried: 4-0 7. Case No. 10-067 Novi Town Center – Building X.1 The applicant is requesting variances for the construction of a 17,442 square foot retail building in the existing Novi Town Center. The applicant is requesting a 0 foot interior side (southern) yard parking setback variance, a 0 foot exterior side (eastern) yard parking setback variance, a variance to allow a loading zone in the exterior side (eastern) yard, a variance to allow a refuse bin in the exterior side (eastern) yard, and variances to allow maximum illumination at the western, southern and eastern property lines to exceed 1 foot candle. Property is zoned TC and located east of Novi Road and north of Grand River Avenue in the existing Novi Town Center. The proposed Building X.1 will connect the existing Novi Town Center buildings to the proposed Walmart. CITY OF NOVI ZONING ORDINANCE, Section 2400 requires a twenty (20) foot interior side yard parking setback and a twenty (20) foot exterior side yard parking setback. Required interior side yard parking setback
(south) 20 feet Required exterior side yard parking setback
(east) 20 feet CITY OF NOVI, ZONING ORDINANCE, Section 2507.2: "Within the B, GE, FS, RC, NCC, TC and TC-1 Districts, loading, unloading space shall be provided in the rear yard…" CITY OF NOVI, ZONING ORDINANCE, Section 2503.2.F.1: "Except where otherwise permitted and regulated in this Ordinance, refuse bins and their screening enclosures shall be located in the rear yard." CITY OF NOVI, ZONING ORDINANCE, Section 2511.3.k: "…Where a site abuts a nonresidential district, maximum illumination at the property line shall not exceed one (1) foot-candle…" IN CASE NO. 10-067 Motion to grant the variances as requested by the applicant. The variances as requested are a result of the unique nature of the buildings. The applicants are trying to retro-fit these buildings around existing buildings and this is difficult to accomplish without the assistance of the variance. The need is not self created. It comes as a result of the physical conditions of the area itself. 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 the permitted purpose and any effort to enforce the rules here would unnecessarily be burdensome to the applicant. The requested variances are the minimum variances necessary to do substantial justice to the applicant as well as to the other property owners. The requested variance will not cause an adverse impact to the surrounding businesses. It will actually enhance the other businesses around. Motion carried: 5-0 8. Case No. 10-068 39465 Fourteen Mile Rd – PNC Bank The petitioner is requesting a variance to install an 18 SF ground sign with a height of 8 FT at the PNC Bank located at 39465 Fourteen Mile Rd. The property is zoned OST and is located on the south of Fourteen Mile Rd and west of Haggerty Rd. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2)a.2.ii allows ground signs to be a maximum of 6 feet in height. IN CASE NO. 10-068 Motion to table this case until the February 8, 2011 Zoning Board of Appeals meeting. Motion carried: 5-0 9. Case. No. 10-069 27754 Novi Rd – Suithouse The petitioner is requesting a variance from 2505.14.c(9) to allow occupancy of an existing building for Mercantile use with reduced parking provisions and installation of a 2nd wall sign and a ground sign for this business. The ground sign and a smaller second wall sign were previously approved for Lazy Boy only. CITY OF NOVI, CODE OF ORDINANCES, 28-5(3) states: "Number of on-premises advertising signs permitted: No building or parcel of land shall be allowed more than one (1) sign permitted under this section. Section 2505.14.c(9) requiring one parking space for 200 SF for retail use. IN CASE NO. 10-069 Motion to table this case until the February 8, 2011 Zoning Board of Appeals meeting at the request of the applicant. Motion carried: 5-0 OTHER MATTERS Mr. Boulard informs the board members that Case No.10-051 for 26650 Taft Rd - Hayes Trucking has completed their operation and the site has been completely cleaned up. Meeting adjourned at 8:22 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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