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ZONING BOARD OF APPEALS ACTION SUMMARY
Regular Meeting
Council Chambers | Roll call Members Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Gedeon Present: Members Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Gedeon Absent: none Also Present: Andy Gerecke, Building Official, Beth Kudla, City Attorney and Angela Pawlowski, Recording Secretary Pledge of Allegiance Approval of Agenda: Approved Approval of Minutes: Approved Public Remarks: None 1. 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 approved the temporary sign for 3 months only to give them time to prepare for a permanent sign for the reasons that a.) This does not look like a construction sign and b.) it’s not temporary anymore. Motion carried: 6-0
2. 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 approve the request is based upon circumstances or features that are exceptional and unique to the property and does 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, will result in substantial justice being done to both the applicant and adjacent or surrounding properties.Motion carried: 6-0
3. 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 and July meetings 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 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 grant the applicant a ground mounted reinstallation of the existing sign on monument and an additional wall sign up to 30 square feet on the north building elevation. As well that we grant the variance 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 feet maximum. This is based on the fact that under MCL213.54 (2), and are subject to the requirements of MCL 213.54(2), including as follows: [T]he 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 standards for granting this particular variance have been met in that the circumstances of the features are exceptional and unique to the property based on the fact that a bridge is being built on Novi Road and does not result from conditions that exist generally in the City and are not self-created. The standard has been met and 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. Finally, the grant of relief will not result in a use of structure that is incompatible with or unreasonably interferes with adjacent or surrounding properties. It 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. Motion carried: 4-2 IN CASE NO. 11-010 Motion to deny the request for the variance of the pole sign based on the fact that the request is not based on circumstances of feature that are exceptional or unique to the property and does result from conditions that exist generally in the City or that are self-created. It is also that 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 mere inability to attain a higher economic financial return. Finally the grant of relief in this particular request would result in a use of structure that is incompatible with or unreasonably interferes with adjacent or surrounding properties will result in substantial injustice being done to both the applicant and adjacent or surrounding properties and it is inconsistent with the spirit of the ordinance. The alternative variance was a lesser variance that was more consistent with the spirit and intent of the ordinance and is a lesser variance meeting the needs of the applicant. Motion carried: 4-2 4. CASE NO. 11-021 26940 TAFT ROAD (STONE CITY INC.) The applicant is requesting a use variance for continuation of outdoor storage in an I-1 (Light Industrial) zoning district for the business known as Stone City Incorporated located at 26940 Taft Road. Applicant is requesting a 5 year variance similar to previous ZBA Cases #00-082, 04-003, 06-012 and 09-012. The property is located north of Grand River and east of Taft Road. CITY OF NOVI, CODE OF ORDINANCES, Section 1905 – 1. a. states that all uses within the I-1 District shall be conducted wholly within a completely enclosed building. IN CASE NO. 11-021 Motion to grant the petitioners request for a period of two (2) years giving the applicant time to have a plan in place that will satisfy the specific ordinance. The property cannot be reasonably used for any of the uses permitted by right or by special land use permit in the zoning district in which it is located. Also, the need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, topography, or similar physical conditions and the materials that the applicant has on his property are bulky materials unlike the kind of materials you’d find at Home Depot or Lowes so the kind of materials the applicant has give a uniqueness that would allow for the variance being granted for 2 years. Also, that the proposed use will not alter the essential character of the neighborhood. That the need for the requested variance is not the result of actions of the property owner or previous property owners.Motion carried: 6-0 5. CASE NO. 11-022 41200 BRIDGE STREET The applicant is requesting an extension of the variance granted in ZBA09-025 for one 24 square foot oversized real estate sign located at 41200 Bridge Street. The property is zoned I-1 (Light Industrial) and located east of Meadowbrook Road and north of Eleven Mile Road. 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. One (1) sign." IN CASE NO. 11-022 Motion to grant the variance for one (1) year as requested for an oversized leasing sign of 24 square feet for the reasons that the request is based on circumstances or features that are exceptional and unique to the property and do not result from conditions that exist generally in the City specifically that the applicant indicated there is a berm preventing visibility of a normal size sign and the property has a unique topography as situated. 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 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 6. CASE NO. 11-023 25795 MEADOWBROOK ROAD The applicant is requesting an extension of the variance granted in ZBA09-026 for one 24 square foot oversized real estate sign located at 25795 Meadowbrook Road. The property is zoned I-1 (Light Industrial) and is located west of Meadowbrook Road and north of Eleven Mile Road. 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. One (1) sign." IN CASE NO. 11-023 Motion to grant the applicants request for extension of the variance granting the 24 square foot size for a period of one (1) year. The request is based on circumstances and features of this area that are unique because of the wetlands and speed and hills on Meadowbrook. The failure to grant relief will prevent the applicant’s ability to use the property for a higher economic return and it is consistent with the spirit of the Ordinance. Motion carried: 6-0 7. CASE NO. 11-024 21470 NOVI ROAD (THE OIL EXCHANGE) The applicant is requesting a variance from Section 1503 (5) to modify the approval provisions of a previous appeal and allow overhead service bay doors facing a thoroughfare and residential district to remain open halfway during the months of June, July and August. The property is zoned B-3 (General Business District) and is located north of Eight Mile Road and east of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 1503 (5): No truck well, loading dock or other service bay door shall face a major thoroughfare, nor an abutting residential district. IN CASE NO. 11-024 Motion to deny the applicant’s request because there are no unique circumstances. The ordinance is very clear as to what it requires and the applicant is aware of what is required of the Ordinance. The businesses in the area have all complied with the Ordinance and the need here is self-created. The applicant knew what they were building when the agreed to build this way instead of having the door to the side. The street compliance here was necessary in order to comply with the Ordinance as well as to be consistent with what is expected in the general surrounding areas. The denial of the requested variance will not bring upon any injustice to the applicant. The applicant has not brought forth any economic reasons. All the applicant stated is that it gets hot in there and the applicant stated that they open the doors to allow cars to go in and out which means that it is not shut all of the time.Motion carried: 6-0 OTHER MATTERS ADJOURNMENT Meeting adjourned at 8:58 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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