REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, May 6, 2003 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

1. 1) Please turn off pagers and cell phones during the meeting.
2. 2) Each person desiring to address the Board shall state his / her name and address.
3. 3) 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.
4. 4) 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.
5. 5) No person shall be allowed to address the Board more than once unless permission is granted by the Chairperson.
6. 6) One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Approval of Minutes – March 4, 2003

Laura Watt is requesting a 12.6 foot front yard setback variance and a 4.4 foot side yard setback variance with an aggregate total side yard setback variance of 4.4 feet. The variance is requested for the construction of a 20 x 24 (480 sq. ft.) attached garage located at 2219 Austin. The property is zoned R-4.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum front yard setback of thirty (30) feet in a R-4 Zoning District.

Required front yard setback: 30 feet

Proposed: 17.4 feet

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires an aggregate total side yard setback of twenty five (25) feet in an R-4 Zoning District with a minimum side yard setback of ten (10) feet on one side.

Required side yard setback (south side): 15 feet

Proposed: 10.6 feet

Required side yard setback (aggregate): 25 feet

Proposed: 20.6 feet

Variance: 4.4 feet

Lonny Zimmerman of Siegal Tuomaala Associates representing Marty Feldman Chevrolet is requesting a variance to allow two (2) service bay doors to face Grand River Avenue. The applicant is proposing two (2) building additions to the existing car dealership and a car storage lot . The property is on the south side of Grand River between Meadowbrook and Novi Road. The property is zoned B-3 and is 9.97 acres.

CITY OF NOVI, CODE OF ORDINANCE, Section 1403.7, Paragraph (7) states:

"No truck well, loading dock, overhead door or other type of service bay door shall face a major thoroughfare, nor an abutting residential district."

Please note: These two (2) service doors will replace one (1) overhead service door that currently faces Grand River Avenue in the existing body shop.

Blair Bowman of Central Park LLC is requesting a one (1) year extension for an existing construction identification sign for the Central Park Estates development. The thirty two (32) square foot ground sign is located on Beck Road, south of Grand River.

Laura Golze of Caribou Coffee is requesting a variance to allow for temporary outdoor seating for property located at 47490 Grand River in the Westmarket Square development from the date of the meeting through October 31, 2003. The applicant would like to request the variance for a length of three years with the season running from April 1^st until October 31^st. Please note that the approved site plan for Westmarket Square, East Outlot indicates a patio area. Please see Case No. 02-047.

NOVI CITY CODE, SECTION 1501.2 "PRINCIPAL USES PERMITTED" states:

"Any retail business or service establishment permitted in B-1 and B-2 Districts as principal Uses Permitted and Uses Permitted subject to special conditions and subject to the restriction therein."

NOVI CITY CODE, SECTION 1401 "PRINCIPAL USES PERMITTED" states:

"…no building or land shall be used…except for one or more of the following specified uses…2.a. Any retail business whose principal activity is the sale of merchandise in an enclosed building…"

Michael Ketslakh of National Diagnostic Services, LLC is requesting a variance to allow placement of a mobile medical diagnostic service trailer to be located at 39595 Ten Mile Road (Holly Hills Professional Village) from the date of the meeting until May 6, 2004. The trailer would be placed on the east side of Dr. Sack’s office, which is located in Suite 105. The applicant has agreed that the trailer would be brought in on Friday mornings and removed by Friday afternoons. Please refer to Temporary Use Permit 02-022.

CITY OF NOVI, CODE OF ORDINANCE, Section 3004.3 states:

"Permit temporary buildings and uses for periods not to exceed two (2) years in undeveloped sections of the city and for periods not to exceed twelve (12) months in developed sections, with the granting of a twelve (12) month extension being permissible…"

Gerald Attee of Picasso Café is requesting a variance to allow for temporary outdoor seating for property located at 39915 Grand River in the Grand Oaks Center from the date of the meeting through October 31, 2003. The applicant would like to request the variance for a length of three years with the season running from April 1^st until October 31^st. Please see Case No. 02-055.

NOVI CITY CODE, SECTION 1501.2 "PRINCIPAL USES PERMITTED", states:

"Any retail business or service establishment permitted in B-1 and B-2 Districts as principal Uses Permitted and Uses Permitted subject to special conditions and subject to the restriction therein."

NOVI CITY CODE, SECTION 1401 "PRINCIPAL USES PERMITTED", states:

"…no building or land shall be used…except for one or more of the following specified uses…2.a. Any retail business whose principal activity is the sale of merchandise in an enclosed building…"

Daniel Carrier is requesting a five (5) foot rear yard setback variance for the construction of a proposed kitchen and three season sunroom addition for the residence located at 42746 Ledgeview, Unit 8 in the Vista Hills Subdivision. The property is located south of Thirteen Mile between Novi and Meadowbrook Road. Please note: The underlining zoning district for this project previously received ZBA approval to be consistent with the rear yard setback of the R-4 Zoning District.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a thirty five (35) foot rear yard setback in an R-4 Zoning District.

Required rear yard setback: 35 feet

Proposed: 30 feet

Lynn Granata of Singh Development for Waltonwood at Twelve Oaks is requesting an extension for two (2) signs for one (1) year. Sign A is located in front of the Waltonwood development on Huron Circle Drive. Sign B is located on Twelve Mile Road.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(1) states that the maximum permit duration is:

… "valid until issuance of last certificate of occupancy or for a period of twelve (12) months, whichever occurs first."

Khanh Pham of Singh Development is requesting a front yard setback variance of fifteen (15) feet and a variance to the landscape ordinance for the erection of an earth berm or wall for the proposed Seeley Sanctuary development. The proposed development is a 30,000 square foot place of worship located on 9.65 acres. The property is zoned RA and is located south of Thirteen Mile and east of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCE, Section 402.1 (d) states that the minimum building setback shall be seventy five (75) feet from all property lines.

Required building front yard setback: 75 feet

Proposed: 60 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 2509.6 requires an earth berm / wall to buffer different uses per the Landscape Ordinance.

Frank Manno of Platinum Sign representing Putting Edge is requesting two (2) sign variances to erect an illuminated wall sign to be located at 44125 Twelve Mile Road (Fountain Walk).

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."

Requested: 115 square feet

Maximum allowed: 40 square feet

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

"Where separately owned businesses occupying a single building or a single parcel of land utilize individual identification wall signs, all such signs on the building or within the center shall be of a common style i.e., individual freestanding letters shall be utilized with other signs composed of individual freestanding letters, box signs (framed wall signs) shall be utilized with other box signs."

Moufid Leon of Leon’s Restaurant is requesting one (1) sign variance to allow an illuminated wall sign to be located at 39455 W. Ten Mile Road.

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…"

Kip Sheward is requesting a use variance to allow the sale of cars (wholesale) located at 24404 Catherine Industrial Drive, Lot 13 in the Ten Novi Industrial Subdivision. The property is zoned I-1 and is located east of Novi Road and north of Ten Mile Road. Please note: The applicant indicates that they are not a repair facility nor do they perform any mechanical or body work. All vehicles will be located inside the building.

CITY OF NOVI, CODE OF ORDINANCE, Section 3104 "Jurisdiction" states:

"The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this Ordinance but shall have the power to authorize a use in a zoning district in which it is not otherwise permitted, provided it is clearly shown that the land cannot be used for a zoned use, and shall be further empowered to act on those matters where this Ordinance provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance…"

Joseph Gluck is requesting a five (5) foot side yard setback variance and a five (5) foot total aggregate side yard setback variance for the construction of an enclosed screened porch attached to the residence located at 30385 Balfour Drive on lot 94 in the Bristol Corners West Subdivision. The property is located in section 4, south of Pontiac Trail and west of West Park Drive. The property is zoned R-2 and has a lot width greater than 110 feet and is governed by the Preservation Option.

CITY OF NOVI, CODE OF ORDINANCE, Section 2401, Paragraph (2) "Preservation Option" requires a minimum side yard setback of fifteen (15) feet with an aggregate total of forty (40) feet for those properties containing 110 feet or greater lot width.

Required minimum side yard setback (east): 15 feet

Proposed: 10 feet

Required total aggregate side yard setback: 40 feet

Proposed: 35 feet

Kevin Akey of AZD Architects is requesting an interpretation/approval to the two and one half (2 ½) story requirement for maximum height of structures and Similar / Dissimilar interpretation/approval for the exterior building materials for the proposed home to be located at 1270 East Lake Drive, sidwell number 5022-02-151-022. The property is zoned R-4 and located north of Thirteen Mile and west of East Lake Drive.