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REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, August 12, 2003 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call Members Bauer, Brennan, Gatt, Gray, Gronachan, Reed and Reinke

Rules of Conduct:

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

Approval of Agenda

Approval of Minutes – June 3, 2003 and July 8, 2003

Public Remarks

1) Case No. 03-062 filed by Donald Jordan at 45216 Courtview Trail

Donald Jordan is requesting a ten (10) inch rear yard setback variance for the construction of an addition to the residence located at 45216 Courtview Trail, Dunbarton Pines Subdivision No. 3. The property is zoned R-3 and is located north of Nine Mile Road and east of Taft Road.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum rear yard setback of thirty five (35) feet in a R-3 Zoning District.

Required rear yard setback: 35 feet

Proposed: 34 feet, 2 inches

Variance: 10 inches

2) Case No. 03-063 filed by Donald Waldenmayer of 24078 Glen Ridge Court

Donald Waldenmayer is requesting a thirteen (13) inch rear yard setback variance for the construction of a proposed one-story frame addition to an existing home at 24078 Glen Ridge Court, located south of Ten Mile Road between Meadowbrook and Haggerty Roads. The property is zoned R-4 and is located on a corner lot.

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

Required rear yard setback: 35 feet

Proposed: 33 feet, 11 inches

Variance: 13 inches

3) Case No. 03-064 filed by Josephine Jackson of 61 Pleasant Cove

(5022-10-280-020)

Josephine Jackson is requesting a six (6) foot side yard setback variance for the construction of a new home located on a vacant parcel of land, sidwell #5022-10-280-020, Pleasant Cove Road. The parcel is zoned R-1 and located west of Old Novi Road and south of Thirteen Mile Road. Please note: Detroit Edison requires a minimum of a ten (10) foot clearance from overhead wires.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a fifteen (15) foot side yard setback in a R-1 Zoning District.

Required side yard setback: 15 feet

Proposed: 9 feet

Variance: 6 feet

4) Case No. 03-065 filed by Teri Brennan, prospective tenant of 22497 Heslip Drive

Teri Brennan is requesting a use variance to allow a "Doggie Daycare" business to be placed in an existing building in an I-1 Zoning District. The proposed location of the business is at 22497 Heslip Drive, north of Nine Mile Road and east of Novi Road.

CITY OF NOVI, CODE OF ORDINANCE, Section 3104, "Jurisdiction", Paragraph (1) 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 as defined in this Section and laws of the State of Michigan."

The applicant is requesting a use variance to allow a "Doggie Daycare" business in an I-1 Zoning District.

 

 

 

5) Case No. 03-066 filed by Kathleen Boyce of 24576 LeBost

Kathleen Boyce is requesting a five (5) foot rear yard setback variance for the construction of a screened porch enclosure on an existing deck located at 24576 LeBost, Lot 62 in the Willowbrook Subdivision #2. The property is zoned R-4 and is located east of Meadowbrook Road and south of Grand River.

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 a R-4 Zoning District.

Required rear yard setback: 35 feet

Proposed: 30 feet

Variance: 5 feet

6) Case No. 03-067 filed by Teddy Lee of 26075 Lanny’s Road

Teddy Lee is requesting two (2) variances for the construction of a detached garage located at 26075 Lanny’s Road. The applicant is requesting a variance of 321 square feet for an aggregate total square footage of all accessory buildings on the property and a variance to allow more than one detached accessory building on the property. The property is zoned R-4 and is located east of Taft Road between Grand River and Eleven Mile Road. Please note: the property is less than 21,780 square feet.

CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 1 (G) "Accessory Buildings" states that the aggregate total square footage of all accessory buildings in a R-4 Zoning District not exceed 850 square feet with a maximum of one (1) detached accessory structure allowed on property less than 21,780 square feet.

Total aggregate square feet allowed: 850 square feet

Attached garage, detached garage and playhouse: 1,171 square feet

Variance: 321 square feet

Number of detached accessory structures allowed: 1

Proposed number of detached accessory structures: 2

Variance: 1

7) Case No. 03-068 filed by Jeffrey DeFoe of 44115 Grand River Avenue

Jeffrey DeFoe is requesting two (2) variances for the construction of an addition to an existing home located at 44115 Grand River Avenue. The applicant is requesting a two (2) foot rear yard setback variance and a nine (9) foot separation variance between the proposed addition and the existing garage. The property is zoned R-4 and located south of Grand River Avenue between Taft and Novi Roads. The property is located on a corner lot.

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

Required rear yard setback: 35 feet

Proposed: 33 feet

Variance: 2 feet

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

Required separation distance: 10 feet

Proposed: 1 foot

Variance: 9 feet

8) Case No. 03-069 filed by Mark Jacoby of New Horizons at 41108 Vincenti Court

Mark Jacoby of New Horizons is requesting a variance to allow the continuation of outdoor storage in an I-1 (Light Industrial) Zoning District located at 41108 Vincenti Court. A variance to allow the outdoor storage was granted on January 4, 2000 and June 5, 2001. Please see Case No.’s 99-080 and 01-025.

CITY OF NOVI, CODE OF ORDINANCES, Section 1905.4.b "Required Conditions" states:

"No outside storage of any materials, equipment, trash or waste shall be permitted…"

The applicant is requesting permission to allow the outdoor storage on a permanent basis.

9) Case No. 03-070 filed by John Greulich of 24800 Willowbrook Drive

John Greulich is requesting a 2 foot, 3 inches rear yard setback variance for the construction of an addition to an existing home at 24800 Willowbrook Drive, located north of Ten Mile Road between Meadowbrook and Haggerty Roads in the Camborne Place Subdivision. 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 (35) feet in a R-4 Zoning District.

Required rear yard setback: 35 feet

Proposed: 32 feet, 9 inches

Variance: 2 feet, 3 inches

 

 

10) Case No. 03-071 filed by James Alt for Baja Fresh Mexican Grille at 43271 Crescent Boulevard (Novi Town Center)

James Alt for Baja Fresh Mexican Grille is requesting five (5) sign variances to erect three (3) wall signs to be located at 43271 Crescent Boulevard in the Novi Town Center.

Sign 1 – 40 square foot wall sign:

*Please note – this sign is permitted per Ordinance.

Sign 2 – 23.5 square foot wall sign:

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

"Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign."

The applicant is requesting permission to erect a 23.5 square foot illuminated wall sign to read "Baja Fresh."

Sign 3 – 50 square foot wall sign:

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

"Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign."

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

"…where more than one separately owned and operated business occupies a building or parcel of land, those wall signs permitted for individual businesses shall be located on the same side of the building as the respective business front entrances, and within the lineal frontage of the respective business."

ZONING BOARD OF APPEALS, CASE 1545A limited signage at this tower location to one business, Boyne Country Sports.

The applicant is requesting permission to erect a 50 square foot wall sign on the tower facing north to read "Baja Fresh Mexican Grill."

Sign 4 – 6.8 square foot identification sign:

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

"Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign."

The applicant is requesting permission to erect a 6.8 square foot entranceway sign to read "Baja Fresh Mexican Grill."

 

OTHER MATTERS