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ZONING BOARD OF APPEALS ACTION SUMMARY
Regular Meeting
Council Chambers |
Roll call
Members Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Gedeon
Pledge of Allegiance
1. 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.
IN CASE NO.
11-012 Motion to approve the request for the variance to allow the
use of the property with the placement of the portable storage containers
outside the west elevation of the building, contingent upon receiving the
letter of permission from the landlord as stated by the petitioner, before
June 30, 2011 and that this container area is well concealed.
The property cannot be reasonably used for the permitted use.
That the need for a request of the variance is due to unique
circumstances to Dick’s Sporting Goods for a physical location of this
property and the narrowness and the shallowness of the location and the
proposed use will not alter the essential character of the neighborhood and
the need for the requested variance is not the result of actions of the
property owner.
Motion carried:
6-0 2. Case No. 11-013 47300 Citygate (USA 2 GO)
The applicant is requesting variances to allow an
oversized seventy six (76) square foot ground sign twelve (12) feet in
height for a new retail building that will also serve as an off-premises
advertising sign for (4) future adjacent businesses.
The property is zoned FS (Freeway Service) with a PRO and is located
on the east side of Beck Road and north of Grand River Avenue.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2)
a.1.ii: “Where the business is a
gasoline filling station, the maximum area of the sign shall be thirty (30)
square feet.”
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.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-8
allows off-premises advertising in the I-2 zoning districts only.
IN CASE NO.
11-013 Motion to grant for only the sign on Beck Road; we honor the
request of the applicant for the sign contingent upon reducing the size of
the sign by 16 square feet and also the request is 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.
Motion carried:
5-1 3. Case No. 11-015 43215 Grand River Avenue (Verizon Wireless)
The applicant is requesting a variance on behalf of Verizon Wireless for
installation of an oversized 43.5 square foot wall sign within an existing
commercial center (Novi Pavilion).
The property is zoned TC-1 (Town Center District) and is located east
of Novi Road and south of Grand River Avenue.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2)b.1.(b)i.:
A business having a first floor pedestrian entrance shall be allowed
one and one-fourth (1-1/4) square feet of signage per linear of contiguous
public or private street frontage.
IN CASE NO. 11-015 Motion to
approve the request for the signage of 43.5 square foot because the check
mark does not take as much occupancy of word area and the request is based
upon circumstances that are unique to this property and is compatible with
the other signs in the strip mall and the conditions are not self-created
and it is required by the petitioner to have the check mark as part of the
signage. The failure to grant
relief will unreasonably prevent or limit the use of the property.
The grant of relief will not result in a use of structure that is
incompatible with or unreasonably interferes with adjacent or surrounding
properties and this signage request will be for this tenant.
Amendment to approve the proposal as presented.
Motion carried:
6-0 4. Case No. 11-016 44125 Twelve Mile Road (Powerhouse Gym)
The applicant is requesting variances on behalf of
PowerHouse Gym for an oversized wall sign of ninety (90) square feet as well
as an additional wall sign on the north side of the building.
The property is zoned RC (Regional Center District) and is located
west of Novi Road and south of Twelve Mile Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(3) Number of on-premises
advertising signs permitted: No building or parcel of land shall be allowed
more than one (1) sign permitted.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2)b.1(a)(i) permits 1-1/4
square feet of sign for each lineal foot of business frontage up to a
maximum of 65 square feet.
IN CASE NO. 11-016 Motion to
approve the request of the applicant of PowerHouse Gym to give them a 90
square foot sign. The road that
goes from West Oaks to Fountain Walk is curved and makes it difficult for
travelers to find this fitness work-out area.
The request is based upon circumstances or features that are
exceptional and unique to the property.
It is proportionally correct for this building.
The failure to grant relief will unreasonably
prevent or limit the use of the property.
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 sign request
will be specific to this tenant.
Motion carried: 5-1 5. Case No. 11-017 41100 Thirteen Mile Road (Fox Run Village)
The applicant is requesting variances to allow the existing oversized
project construction sign to remain in the current location within the front
yard setback beyond the extended time period designated in previous variance
ZBA08-023. The property is zoned
RM-1 (Residential Multiple Family) and is located on the north side of
Thirteen Mile Road and west of the M-5 Connector.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(1): Construction
identification signs are limited to 64 square feet, must be placed not less
than the required setback from property lines and are valid only until
issuance of the first certificate of occupancy.
IN CASE NO.
11-017 Motion to table to the July 12, 2011 meeting.
Motion carried:
6-0
6.
Case No. 11-018 1181 WEST
The applicant is requesting variances to construct a
detached garage in the front yard of a property with setbacks of 2 feet from
the existing property lines.
The property is zoned R-4 (Residential) and is located on the east
side of West Lake Drive.
CITY OF NOVI, CODE OF ORDINANCES, Section 2503 B: Accessory buildings shall
not be erected in any required front yard.
CITY OF NOVI, CODE OF ORDINANCES, Section 2503 G: A detached accessory
building shall not be located closer than six (6) feet to any interior side
or rear lot line.
CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires minimum side yard
setbacks of 10 feet and a cumulative 25 feet in the R-4 Zoning District.
A variance may be granted if a practical difficulty exists due to all of the
following:
IN CASE NO. 11-018 Motion to
approve the variance of an accessory building being permitted to be erected
in the front yard and the requested variance to have the detached accessory
building located closer than 6 feet to the interior side or rear lot.
The minimum side yard setback of 10 feet and cumulative 25 feet in
this R-4 zoning district be waived.
This based on the fact that a practical difficulty exists due to the
fact that there are unique circumstances or 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.
In particular the peninsula area is very oddly shaped and this is one
of the reasons that it is a unique circumstance.
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 variance is the minimum variance necessary to do
substantial justice to the applicant as well as to other property owners in
this particular area where the easement is located in the peninsula.
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 and may in fact, create a
positive impact by improving it with a garage.
Motion carried: 6-0
7.
Case No. 11-019 43200 Crescent Boulevard (
The applicant is petitioning on behalf of the TGI
Friday’s restaurant for an additional 44 square foot building wall sign
beyond the (2) wall signs permitted by the Ordinance and currently
installed. The property is zoned
TC (Town Center District) and is located east of Novi Road and north of
Grand River Avenue in the Novi Town Center development.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(3): No building or parcel of
land shall be allowed more than one (1) sign permitted under this section.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(3)j.: “Where a building in
the...TC district on property which abuts the I-96 freeways…, a single
additional wall sign may be utilized oriented toward the freeway.”
IN CASE NO. 11-019 Motion to
deny the request for the reasons that the difficulty faced by the applicant
are not unique to themselves.
They are the same issues faced by the other property owners in the area.
Also, if we were to grant the request we may have to face additional
requests from competing businesses, this has not been a problem for the
business in 16 years and that it should not be a problem to continue as is.
Motion carried: 5-1
8.
Case No. 11-020 27754
The applicant is requesting variances to allow
alteration of the faces of a monument sign allowed under a previous variance
and the addition of (2) sixty six (66) square foot wall signs.
The property is zoned RC (Regional Center) and is located south of 12
Mile Road and east of Novi Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(3) Number of on-premises
advertising signs permitted: No building or parcel of land shall be allowed
more than one (1) sign permitted.
IN CASE NO. 11-020 Motion to
grant the variances as requested.
The request is based upon circumstances or features that are
exceptional and unique to the property, specifically the frontage on
multiple roads including the mall ring road and the freeway exit ramp.
The failure to grant relief will unreasonably prevent or limit the
use of the property. The grant
of relief will not result in a use of structure that is incompatible with or
unreasonably interferes with adjacent or surrounding properties.
Additionally, granting the variances will be consistent with our
previous variances granted in neighboring properties in the same mall
development.
Motion carried: 4-2
9.
Case No. 11-010 25100 Novi Road
The applicant is requesting variances to address non-conformities that will
result from acquisition of the additional highway easement for the new
railroad bridge on 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 of a pole sign.
The case was heard at the April 12, 2011 meeting of the ZBA.
At that time the request was approved with the exception of the sign.
These issues were tabled until the June meeting to allow the
applicant to provide additional information.
Based on the general Novi City Code prohibition of pole signs, the
applicant has proposed an alternative including ground mounted
reinstallation of the existing sign on monument and an additional wall sign
of up to 30 square feet on the north building elevation. Variances would be
required for the proposed 8 foot height of the ground sign (to accommodate
the new road embankment) and to allow the additional wall sign of 30 square
foot maximum. 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
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 adjourn to July 12, 2011 meeting.
Motion carried: 6-0
10.
Case No. 11-010 25100 Novi Road
The applicant is requesting approval to amend or confirm variances
previously granted to the Road Commission for Oakland County (RCOC) on April
12, 2011 for property located at 25100 Novi Road, commonly referred to as
Collex Collision, to clarify that the variances were granted to the RCOC
under MCL213.54 (2). The
property is zoned I-2 (General Industrial) and is located on the east side
of Novi Road and south of Grand River Avenue.
IN CASE NO. 11-010 Motion to
approve for variances previously granted to the Road Commission for Oakland
County (RCOC) on April 12, 2011 for property located at
Motion carried: 6-0
11.
Case No. 10-039 24460 Novi Road
The applicant is requesting approval to amend or confirm variances
previously granted to the Road Commission for Oakland County (RCOC) on
September 14, 2010 and on prior dates, for property located at 24460 Novi
Road, commonly referred to as Michigan Tractor/CAT, to clarify that the
variances were granted to RCOC under MCL 213.54(2).
The property is zoned I-2 (General Industrial) and is located on the
east side of Novi Road and south of Grand River Avenue.
IN CASE NO. 10-039 Motion to
amend or confirm variances previously granted to the Road Commission for
Oakland County (RCOC) on September 14, 2010 and on prior dates, for property
located at 24460 Novi Road, commonly referred to as Michigan Tractor/CAT, to
clarify that the variances were granted to RCOC under MCL 213.54(2),
including as follows:
The property shall be considered by the governmental entity to be in
conformity with the zoning ordinance for all future uses with respect to the
nonconformity for which that variance was granted.
However, if the property was also nonconforming for other reasons,
the grant of that variance has no effect on the status of those other
preexisting nonconformities. An
owner shall not increase the nonconformity for which a variance is granted
under this section without the consent of the governmental entity.
An agency has the same right to appeal action on a zoning variance as
would a property owner seeking a zoning variance.
This section does not deprive a governmental entity of its discretion
to grant or deny a variance.
The property is zoned I-2 (General Industrial) and is located on the
east side of Novi Road and south of Grand River Avenue.
Motion carried: 6-0
12.
Case No. 11-014 39500 MacKenzie Drive (MacKenzie North
Technology Centre)
The applicant is requesting a variance to allow
continued placement of an oversized thirty two (32) square foot leasing sign
for the Mackenzie North Technology Centre.
The property is zoned OST (Office Service Technology) and is located
west of Haggerty Road and north of Thirteen Mile Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 28–6 (5)
Sale, rental, or lease sign which identifies the sale, rental or lease of
vacant unplatted property upon which the sign is located.
Maximum area permitted is 16 square feet – one sign permitted per
parcel of land.
IN CASE NO.
11-014 Motion to table to July 12, 2011 meeting.
Motion carried: 6-0
Other Matters
1)
Member Cassis thanked the Board members and community the opportunity to
serve on the various boards throughout the years.
The Board members in turn thanked him for his service.
Meeting adjourned at 9:56 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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