View Agenda for this meeting
View Minutes for this meeting

ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, May 7, 2002 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call: Members Bauer, Brennan, Fannon, Gray and Reinke

Absent: Members Gronachan and Sanghvi (Excused)

Rules of Conduct:

  1. Each person desiring to address the Board shall state his / her name and address.
  2. Individual persons shall be allowed five (5) minutes to address the Board, an extension of time may be granted at the discretion of the Chairperson.
  3. There shall be no questioning by the audience of the persons addressing the Board; However, the Board members may question that person with recognition of the Chairperson.
  4. No person shall be allowed to address the Board more than once unless permission is granted by the Chairperson.
  5. One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Approval of Agenda – approved as presented

Approval of Minutes – March 5, 2002 and April 2, 2002 – approved as presented

Public Remarks - None

1) Case No. 02-011 filed by Joe Nutting of 621 South Lake Drive

Joe Nutting is requesting a rear yard setback variance of six feet, six and one half inches (6’ 6 ½") for the construction of a new home located at 621 South Lake Drive. The property contains an existing home with a detached garage. The applicant has previously been before the Board for five (5) variances and has since redesigned his home whereby requiring only one variance. The property is zoned R-4.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum rear yard setback of thirty five feet.

Required rear yard setback: 35 feet

Proposed: 28 feet, 5 ½ inches

Variance: 6 feet, 6 ½ inches

MOTION: THAT IN CASE NO. 02-011 TO APPROVE THE VARIANCE AS REQUESTED DUE TO LOT SIZE AND CONFIGURATION AND PRACTICAL DIFFICULTY. ALSO, THAT THE APPLICANT WILL BE REMOVING THE GARAGE IN THE REAR YARD.

2) Case No. 02-019 filed by Carl Engling of 1389 East Lake Drive

Carl Engling is requesting four (4) variances for the renovation of an existing home at 1389 East Lake Drive. The property contains an existing home with bad foundation. The property had previously received variances before the Board at the October 4, 1994 meeting in Case No. 94-090. The variances requested are: a front yard setback variance of 15.75 feet, a side yard setback variance of 8 feet, a rear yard setback variance of 17.25 feet and a lot coverage variance of 13.5%.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a thirty (30) foot front yard setback, a twenty five (25) foot combined side yard setback, a thirty five (35) foot rear yard setback and a maximum of twenty five percent (25%) lot coverage.

Required front yard setback: 30 feet

Proposed: 14.25 feet

Variance: 15.75 feet

Combined both sides required: 25 feet

Proposed: 17 feet

Variance: 8 feet

*Note – the property has an existing eleven (11) foot conforming setback on one side.

Required rear yard setback: 35 feet

Proposed: 17.25 feet

Variance: 17.75 feet

Maximum lot coverage: 25%

Proposed: 38.5%

Variance: 13.5%

MOTION: THAT IN CASE NO. 02-019 TO GRANT THE VARIANCES AS REQUESTED DUE TO THE FACT THAT THEY ARE MINIMAL AS COMPARED TO THE PREVIOUS VARIANCE REQUEST AND THAT IT WILL IMPROVE THE PROPERTY

3) Case No. 02-024 filed by Theresa Bileti-Skinner of Dinser’s Flowers & Greenhouse

Theresa Bileti-Skinner representing Dinser’s Flowers & Greenhouse is requesting three (3) sign variances for a new sign to be located on Wixom Road, north of Ten Mile Road.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)a.3 "Placement" states:

"Ground signs shall not be placed less than sixty three (63) feet from the centerline of a thoroughfare or collector street…Placement along all other roadways may be not nearer than fifteen (15) feet from the right-of-way line, nor less than one half (1/2) the required yard setback of the zoning district."

Required setback based on 32 square foot sign: 64 feet

Proposed: 39 feet

Variance: 25 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)a.2 "Height" states:

"…all other ground signs shall not exceed a height of five (5) feet…"

Allowed height: 5 feet

Proposed: 7 feet

Variance: 2 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3) "Number of on-premises advertising signs permitted" states:

"…no building or parcel of land shall be allowed more than one (1) sign permitted under this section…"

Applicant is requesting permission to erect a thirty two (32) square foot ground sign.

MOTION: THAT IN CASE NO. 02-024 TO APPROVE THE VARIANCE AS REQUESTED DUE TO THE FACT THAT THE ROAD HAS BEEN CHANGED AND THE BUSINESS NEEDS PROPER IDENTIFICATION

4) Case No. 02-025 filed by Joseph Sutschek representing Carrabbas Italian Grill

Joseph Sutschek of Ramco-Gershenson, Inc. is requesting four (4) setback variances and a parking space variance for the construction of a new Carrabbas Italian Grill located in West Oaks Shopping Center, sidwell numbers 5022-15-200-050 and 066. The applicant is seeking a; thirty eight (38) foot north setback variance, a fifty six (56) foot south setback variance, a seven (7) foot east setback variance, a seventy (70) foot west setback variance and a variance to omit forty six (46) parking spaces.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of one hundred (100) feet for all setbacks in an RC Zoning District.

North setback requirement: 100 feet

Proposed: 62.1 feet

Variance: 37.9 feet

South setback requirement: 100 feet

Proposed: 44.2 feet

Variance: 55.8 feet

 

East setback requirement: 100 feet

Proposed: 93.7 feet

Variance: 6.3 feet

West setback requirement: 100 feet

Proposed: 30 feet

Variance: 70 feet

CITY OF NOVI, CODE OF ORDINANCE, Article 25, Section 2505 "Off Street Parking Requirements" requires one (1) parking space for each 192 square feet gross leasable area for developments under 400,000 square feet.

Total number of parking spaces required for shopping center: 1,192 spaces

Proposed: 1,146 spaces

Variance: 46 spaces

MOTION: THAT IN CASE NO. 02-025 TO GRANT THE VARIANCES FOR THE NORTH, SOUTH, EAST AND WEST SETBACKS AS PRESENTED AND ALSO FOR THE NUMBER OF PARKING SPACES PROPOSED DUE TO THE UNIQUE SITUATION OF THE LOT

5) Case No. 02-026 filed by Timothy Stoepker representing Jaguar of Novi

Timothy Stoepker, attorney for Jaguar of Novi is requesting three (3) variances to erect one wall sign (Sign A) and one directional sign (Sign B). Sign A had been previously approved at the November 5, 2001 meeting. However, the applicant would like to move it from the east side of the building to the north side.

Sign A:

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)i.b states:

"A wall sign displayed on a building occupied by one (1) business shall not exceed one (1) square foot of signage for each three (3) feet of setback from the centerline of the nearest adjacent thoroughfare…"

Permitted based on lineal frontage: 40 square feet

Proposed: 61 square feet

Variance: 21 square feet

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3) states:

"…no building or parcel of land shall be allowed more than one (1) sign permitted under this section…"

Applicant is requesting permission to erect a 61.02 square foot wall sign.

Sign B:

CITY OF NOVI, CODE OF ORDINANCE, Section 28-8(12) states:

"…One (1) ground pole sign per entrance not to exceed three (3) square feet in area and six (6) feet in height may be located within the minimum setback area."

Permitted: 3 square feet

Proposed: 7 square feet

Variance: 4 square feet

MOTION: THAT IN CASE NO. 02-026 TO APPROVE THE VARIANCE REQUESTED BY MOVING THE PREVIOUSLY APPROVED SIGN TO THE NORTH FAÇADE AND TO ERECT THE NEW DIRECTIONAL SIGN WHERE PROPOSED FOR PROPER IDENTIFICATION AND DIRECTION

6) Case No. 02-027 filed by Richard Tanielian of 1280 East Lake Drive

Richard Tanielian is requesting three (3) side yard setback variances for the construction of a new home with attached garage at 1280 East Lake Drive, sidwell number 5022-02-151-022. The applicant is requesting a five (5) foot side yard setback variance on one side and a ten (10) foot side yard setback variance on the other side, resulting in a fifteen (15) foot combined side yard setback variance for both sides. The property contains an existing detached garage proposed to be removed and is zoned R-4.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a ten (10) foot side yard setback on one side and a fifteen (15) foot side yard setback on the other side with a combined total of twenty five (25) feet for both sides.

Required side yard setback (minimum): 10 feet

Proposed: 5 feet

Variance: 5 feet

Required side yard setback (other side): 15 feet

Proposed: 5 feet

Variance: 10 feet

Required side yards combined: 25 feet

Proposed: 10 feet

Variance: 15 feet

MOTION: THAT IN CASE NO. 02-027 TO DENY THE PETITIONER’S REQUEST FOR THE VARIANCES BECAUSE IT IS NEW CONSTRUCTION. ALTHOUGH IT IS AN ORIGINALLY PLATTED AND DEEDED LOT, THERE IS NOT AN ADEQUATE ATTEMPT MADE TO DECREASE THE VARIANCES AT THE BOARD’S REQUEST. IT HAS NOT BEEN DEMONSTRATED THAT THIS HOUSE CANNOT BE BUILT WITH A LESSER VARIANCE.

7) Case No. 02-028 filed by John Prieur representing Vans Skatepark (Fountain Walk)

John Prieur of Metro Detroit Signs representing Vans Skatepark is requesting one variance to erect a wall sign at the Fountain Walk development.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)i.a. states:

"A wall sign displayed on a building occupied by two (2) or more businesses shall not exceed twenty four (24) square feet, or one (1) square foot of signage for every two (2) lineal feet of business frontage to a maximum of forty (40) square feet."

Permitted: 40 square feet

Proposed: 204 square feet

Variance: 164 square feet

MOTION: THAT IN CASE NO. 02-028 TO APPROVE THE VARIANCE AS REQUESTED DUE TO THE SIZE OF THE BUILDING ON THAT SIDE AND FOR IDENTIFICATION FOR VANS SKATEPARK FROM THE WEST

8) Case No. 02-029 filed by William Richard Curtis of 101 Penhill

William Richard Curtis is requesting a 12.56 foot front yard projection variance for the construction of an uncovered porch located at 101 Penhill. The property is located on a corner lot and is zoned R-4.

CITY OF NOVI, CODE OF ORDINANCE, Section 2907 "Porches, Decks" states that an open, unenclosed and uncovered porch or paved terrace may project into a required front yard setback for a distance not exceeding four (4) feet.

Proposed projection into front yard: 16.56 feet

Maximum allowed: 4.00 feet

Variance: 12.56 feet

MOTION: THAT IN CASE NO. 02-029 TO GRANT THE PETITIONER’S VARIANCE REQUEST DUE TO A CORNER LOT AND LOT SIZE AND CONFIGURATION

9) Case No. 02-031 filed by Carl Slemer representing Cinema Hollywood (Fountain Walk)

Carl Slemer representing Cinema Hollywood/Emagine is requesting three (3) sign variances to erect two (2) illuminated wall signs at the Fountain Walk development. Please note that the square footage is the exact same for both signs. The applicant needs two variances for the square footage and one variance for the additional sign.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)i.b states:

"A wall sign displayed on a building occupied by one (1) business shall not exceed one (1) square foot of signage for each three (3) feet of setback from the centerline of the nearest adjacent thoroughfare…and not greater than two hundred fifty (250) square feet…"

Requested: 361 square feet

Permitted

(based on 278’ of setback as measured from Cabaret Drive): 92.5 square feet

Variance: 268.5 square feet

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3) states:

"…no building or parcel of land shall be allowed more than one (1) sign permitted under this section…"

Applicant is requesting permission to erect a 361 square foot illuminated wall sign.

MOTION: THAT IN CASE NO. 02-031 TO GRANT THE VARIANCE REQUEST FOR A 300 SQUARE FOOT SIGN ON THE SOUTH ELEVATION AND A 100 SQUARE FOOT SIGN ON THE NORTH ELEVATION FOR BUSINESS IDENTIFICATION

10) Case No. 02-032 filed by Emanuel Malles II of 135 North Haven

Emanuel Malles II is requesting three (3) variances for the construction of two additions to his home at 135 North Haven. The applicant is requesting a thirteen (13) foot front yard setback variance, a five (5) foot side yard setback variance (west side) and a four (4) foot separation distance variance between the principle structure and the accessory building.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a thirty (30) foot front yard setback requirement and a ten (10) foot minimum side yard setback requirement in an R-4 Zoning District.

Required front yard setback: 30 feet

Proposed: 17 feet

Variance: 13 feet

Required side yard setback (minimum): 10 feet

Proposed: 5 feet

Variance: 5 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 1(d) states that no detached accessory structure shall be located no closer than ten (10) feet to any main building.

Required separation distance: 10 feet

Proposed: 6 feet

Variance: 4 feet

MOTION: THAT IN CASE NO. 02-032 TO GRANT THE PETITIONER’S REQUEST DUE TO BUILDING CONFIGURATION

11) Case No. 02-033 filed by Zachrey Hartt representing CVS Warehouse

Zachrey Hartt is requesting a twenty (20) foot front yard setback variance and a seven (7) foot side yard setback variance for relocation of the Security Guardhouse located at the CVS Warehouse, 43800 Genmar Drive. The property is zoned I-1.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a front yard setback of forty (40) feet and a side yard setback of twenty (20) feet in an I-1 Zoning District.

Required front yard setback: 40 feet

Proposed: 20 feet

Variance: 20 feet

Required side yard setback: 20 feet

Proposed: 13 feet

Variance: 7 feet

MOTION: THAT IN CASE NO. 02-033 TO APPROVE THE VARIANCE AS REQUESTED IN ORDER TO IMPROVE THE TRAFFIC FLOW AND SAFETY FOR THOSE WHO USE THIS ENTRANCE. THE APPLICANT MUST NOW GO TO THE PLANNING DEPARTMENT FOR ADMINISTRATIVE APPROVAL AND WILL THEN RECEIVE THE BUILDING PERMIT.

12) Case No. 02-034 filed by Mark Karinen of 49550 Nine Mile Road

Mark Karinen is requesting a 4.3 foot front yard setback variance and a 128 square foot variance for the maximum allowable square footage for the construction of an attached garage located at 49550 Nine Mile Road. The property is zoned RA. Please note that the applicant indicated that the two sheds would be removed.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a forty five (45) foot front yard setback in an RA Zoning District.

Required front yard setback: 45 feet

Proposed: 40.7 feet

Variance: 4.3 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 2503, "Accessory Uses" states that the maximum square footage of all accessory structures in an RA Zoning District is 1000 square feet.

Maximum allowable: 1000 square feet

Proposed: 1128 square feet

Variance: 128 square feet

MOTION: THAT IN CASE NO. 02-034 TO APPROVE THE PETITIONER’S REQUEST FOR A 4.3 FOOT SETBACK VARIANCE CONTINGENT UPON REMOVAL OF THE TWO (2) ACCESSORY SHEDS

13) Case No. 02-035 filed by Lee Mamola representing Collex Collision - Omni Auto Center

Lee Mamola is requesting a use permit amendment to ZBA Case 93-067, which would permit a six thousand (6,000) square foot expansion of the existing Collex Collision facility. This facility has been approved at a ZBA meeting held on September 7, 1993. The project will still be required to go through the planning process.

The applicant is proposing a six thousand (6,000) square foot addition to the existing facility. The proposed expansion is specifically designed to include overnight storage areas. Collex is seeking to comply with all ordinances and requirements, including the previous mandate not permitting outdoor storage, in order to do so requires the previously granted use variance be amended to include the addition.

MOTION: THAT IN CASE NO. 02-035 TO GRANT THE PETITIONER’S REQUEST FOR AN ADDITIONAL 6,000 SQUARE FEET TO THE BUILDING DUE TO BUSINESS EXPANSION. THE APPLICANT MUST COMPLY WITH ALL ORDINANCES AND REQUIREMENTS INCLUDING PREVIOUSLY MANDATED OR NOT PERMITTED OUTDOOR STORAGE. THE PROJECT MUST SEEK PLANNING COMMISSION APPROVAL.

14) Case No. 02-036 filed by John Kozlowski of 45144 Nine Mile Road

John Kozlowski is requesting a 1.13 foot height variance and a 1,032 total square foot variance for the construction of a new garage (672 sq. ft.) to be located at 45144 Nine Mile Road. The property is zoned R-3 with 87,200 square feet of property. Please note that the owner is to demolish the 680 square feet of existing accessory structures.

CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 1(F) states that the maximum height of an accessory structure shall not exceed one (1) story or fourteen (14) feet in height.

Proposed height of accessory structure: 15.13 feet (Mean average of roof)

Maximum required: 14 feet

Variance: 1.13 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 1(G) states that the maximum sum total of all accessory buildings on site in an R-3 Zoning District shall not exceed 850 square feet.

Proposed square footage of all accessory structures: 1,882 square feet

Maximum required in R-3 District: 850 square feet

Variance: 1,032 square feet

MOTION: THAT IN CASE NO. 02-036 TO APPROVE THE VARIANCE AS REQUESTED WITH THE CONDITION THAT THE TWO (2) BUILDINGS THAT HAVE BEEN SUBMITTED TONIGHT IN PINK WILL BE DEMOLISHED

 

 

OTHER MATTERS

1) Conferences and workshops

Donald Saven announced that the City would be reducing conferences and workshops unless it is mandated by law. He stated that if there is something that is free and available he will try to get Board members in.

2) Thanking Member Fannon

Chairperson Brennan thanked Member Fannon for serving on the Board. Due to his work schedule he must resign. Chairperson Brennan asked anyone that was watching tv and was interested in serving on the Board to submit an application to the City.

3) Grand River improvements

Don Saven explained that he would coming to the Board next month with a couple of properties.

4) Building / Planning Departments

Member Reinke thanked Don Saven for all of the good work that he has done for the Board and for the City. However, it seems like every once in awhile there are problems with applicants that go to the Building and Planning Departments where they go on a merry-go-round and can’t seem to get off. Mr. Saven stated that the situation is getting better and better each day. It takes time for all of the new people to learn the Ordinances. There has been such a change of personnel in the City.

5) Election of new Vice-Chair

Sarah Marchioni asked if all of the Board members would be present at the next meeting so that she could put election of Vice-Chair on the agenda? All of the Board members stated that they would be there.

6) Member Gray – permanent member

Member Gray stated that she would be interested in the position of a permanent member instead of the alternate position that she was in right now. Chairperson Brennan offered to write a letter of support to City Council.

 

Meeting adjourned at 10:07 p.m.