View Agenda for this meeting 
View Minutes for this meeting

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, Elizabeth Saarela, City Attorney and Angela Pawlowski, Recording Secretary

Pledge of Allegiance                     

Approval of Agenda:                      Approved as amended

Approval of Minutes:                    Approval of the May 8, 2012 minutes                    

Public Remarks:                               None    

1. Case No. 12-016  31140 Beck road

The applicant is requesting variances to allow installation of a 13 ft. high over height and 137 square foot oversize shopping center sign listing individual tenant names in addition to the single ground sign allowed by right and an additional ground sign previously approved for the site through a variance.  The property is located east of Beck Road and south of 14 Mile Road in the B-3 Zoning District.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(1)d of the Novi Sign Ordinance does not allow tenant names on a business center sign in the B-3 district. Section 28-5(3)d allows only one business center sign per parcel of property, 28-5(2)a.2.ii limits ground sign height to 6 ft. and 28-5(2)a.1.i limits business center signs to 1 sq. ft. of sign area for each 2 ft. of setback with a maximum of 100 sq. ft.

In CASE No. 12-016, motion to deny the variance as requested. 

The request is based upon circumstances and features that are not exceptional and unique to the property, and do not result from conditions that exist generally in the city. Despite applicant’s assertion that granting of the variance will keep tenants in the building, the failure to grant relief will not unreasonably prevent or limit the use of the property and will not result in substantially more than mere inconvenience or inability to attain a higher economic return. It is more likely that economic conditions drive whether tenants remain or discontinue their relationship with the building in question. Granting the variance would be inconsistent with the spirit of the ordinance, as the signage requested is inconsistent with surrounding properties.   

Motion carried: 7-0

Motion maker:  Sanghvi

2. Case No. 12-019  24755 Nepavine Drive

The applicant is requesting exceptions from Sections 2503.2.B and 2903 of the Novi Zoning Ordinance. The applicant is requesting a variance from the Similar/Dissimilar provisions of Section 303 of the Novi Zoning Ordinance to allow construction of a 2,753 square foot home of less than the minimum floor area based on the sizes of surrounding homes.  The property is located in the Island Lake Development north of Ten Mile Road and west of Wixom Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 303.1.g(1) requires that floor area of dwellings constructed within a defined area in a development equal or exceed 75% of the average floor area of surrounding structures.

In Case  No. 12-019  24755 Nepavine Drive, motion to grant variance as requested. 

The requested variance is due to unique circumstances and physical conditions of the property. Since the tract of land has a unique shape, it places different developments within the similar/dissimilar radius. The need for the variance is not self-created, and strict compliance with the regulations governing similar/dissimilar issues will unreasonably prevent the property owner from using the property for its permitted purpose, and will render conformity unnecessarily burdensome. The variance requested is the minimum variance necessary, and will not cause an adverse impact on surrounding property as neighbors were notified and did not object to the variance.

Motion carried: 7-0

Motion maker:  Ghannam

3. Case No. 12-020  28125 Cabot dr.

The applicant is requesting an exception from Section 28-5(3)f. of the Novi Sign Ordinance to allow an additional 40.0 sq. ft. wall sign for a business within a multi-tenant office building.  The property is located north of Twelve Mile Road and west of Haggerty Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(3)f. allows a maximum of 1 sign for a multi-tenant business building unless a business has a separate entrance.  The allowable second sign permitted under 28-5 (i) for buildings over 40,000 square feet, has already been utilized by another tenant.

IN CASE NO.  12-020 Motion to grant the request, restricted to tenant Timken and allowing for only one sign to be placed on the west side of the building.

The requested variance 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. The arrangement of the building along M-5, provides additional space that is not intrusive to the main surface roads in the area. A failure to grant relief would unreasonably prevent or limit the use of the property and would result in substantially more than mere inconvenience and an inability to attain a higher economic return. The grant of relief does not result in a use of the structure that is incompatible with, or unreasonably interferes with, adjacent or surrounding properties, and will result in substantial justice being done both to the application and adjacent or surrounding properties. This variance is not inconsistent with the spirit of the ordinance.

Motion carried: 4-3

Motion maker:  Sanghvi

4. Case No. 12-023  MIXX sports bar

The applicant is requesting a variance from section 2424.c of the Novi Zoning Ordinance to allow a reduced sidewalk clearance of 5 feet from the required 6 feet for proposed outdoor seating. The property is located east of Novi Road and north of Main Street.

CITY OF NOVI, CODE OF ORDINANCES, Section 2424.c requires a pathway width of 6 feet at outdoor seating areas.

IN CASE NO.  12-012 motion to grant the variance for a reduced 5 foot clear sidewalk width, provided that the outdoor seating area be fenced with a removable fence which will be removed when outdoor seating is not allowed.

The requested variance is due to the unique circumstances of the Main Street development. The narrowness of the passageway creates a physical condition that makes this variance necessary. It is not due to the applicant’s personal or economic difficulty. The need for this variance is not self-created, and strict compliance with the minimum 6 foot clearance would unreasonably prevent the property owner from using the property for its permitted purpose, and would be unnecessarily burdensome.  The proposed 5 foot clearance would still allow wheelchair pedestrians to pass through the area. 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, as the addition of outdoor seating may help to drive more traffic to the Main Street area. The requested variance will not cause an adverse impact on surrounding property values, nor restrict the use and enjoyment of the property in the neighborhood. 

Motion carried: 7-0

Motion maker:  Ghannam

5. Case No. 12-024  crescent place

The applicant is requesting 4 variances. First, applicant requests a variance from Section 2400 of the Novi Zoning Ordinance, to allow a reduction of the 20 ft. required front yard and exterior side yard parking setback to 10 ft. in the south and west yards. Second, applicant seeks an exception from Section 2505.14(7)(a) and Section 2505.14(17) to allow a reduction of 14 parking spaces from the required 94 parking spaces to the currently existing 80 parking spaces. Third, applicant seeks an exception from Section 2507.2 to allow the loading zone to be located in the exterior side yard and fourth, an exception from Section 2503.2.F.1 to allow the dumpster to be located in the exterior side yard.  The property is located at 26401 Novi Rd., at the northwest corner of Novi Rd. and Crescent Blvd. in the TC Zoning District.

CITY OF NOVI, CODE OF ORDINANCES, Section 2400 requires a minimum 20 ft. parking setback for the front yard and exterior side yard.  Section 2505.14 requires minimum parking spaces at a ratio of one parking space for each 70 sq. ft. of gross leasable area for restaurant uses and a ratio of one parking space for each 200 sq. ft. of gross leasable area for retail uses.  Section 2507.2 requires the loading zone be located in the rear yard.  Section 2503.2.F.1 requires the dumpsters be located in the rear yard.

IN CASE NO.  12-024 motion to grant the variance due to practical difficulty.
The variance is due to unique circumstances and the physical condition of the property, as it has three frontages. The need for the variance is not due to the applicants personal or economic difficulty. The need is not self-created, and strict compliance with the regulations governing this area would unreasonably prevent the property owner from using the property for a permitted purpose. Failure to grant the variance would render conformity unnecessarily burdensome. The requested variance is the minimum necessary to do substantial justice, and will not cause an adverse impact on the surrounding property or property values in the area.

Motion carried: 7-0        

Motion maker:  Sanghvi

OTHER MATTERS 

ADJOURNMENT  at 8:28 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)