| View Action Summary for this meeting View Minutes for this meeting REGULAR MEETING ZONING BOARD OF
APPEALS CITY OF NOVI Roll call Members Bauer, Brennan, Gatt, Gray, Gronachan, and Reinke Rules of Conduct:
Approval of Agenda Approval of Minutes August 12, 2003 Public Remarks 1) Case No. 03-078 filed by Ken Albers for Charneth Fen Condominiums Ken Albers is requesting four (4) variances for the Charneth Fen Project, Site Plan Number 02-15. Applicant is requesting: a building setback variance of approximately six (6) feet of excess building height for Building 3; a 6.45% variance for pavement in excess of the maximum 30% requirement on the easterly side yard; an interpretation or variance for the three (3) locations in Building 3 and 4 for locating a driveway within twenty-five (25) feet of a wall that contains windows and doors; and to allow two (2) parking spaces to be located within a front yard. Property is located in Section 10, on the south side of 12 ½ Mile Road and west of Novi Road and Zoned RM-1. CITY OF NOVI, CODE OF ORDINANCES: Section 2406.5.B4 (d) requires that all structures exceeding the height limitations of the district, the minimum yard setback shall be equal to setback requirements of the district plus one (1) additional foot of setback shall be provided for each foot the building exceeds the maximum height limitation for the district . . . Proposed building height (Building #3): 41 feet Maximum building height: 35 feet Variance: 6 feet CITY OF NOVI, CODE OF ORDINANCES: Article 24, Section 2400, "Schedule of Regulations" Footnote (e)(5) states "Within any required front, side or rear yard setback from a property line in an RM-1 or RM-2 District, not more than thirty (30) percent of any such yard area shall be used for off-street parking, maneuvering lanes, service drives or loading areas." Proposed coverage: 36.45% Maximum Allowable: 30% Variance: 6.45% CITY OF NOVI, CODE OF ORDINANCES: Article 24, Section 2400, "Schedule of Regulations" Footnote (e)(6) states "It is further provided that off street parking or related drives shall not be located closer than twenty-five (25) feet to any wall of a dwelling structure, which contains openings involving living areas nor any closer than eight (8) feet to any such wall that does not contain openings . . . . or" CITY OF NOVI, CODE OF ORDINANCES: Section 3104, "Jurisdiction" states that the Zoning Board of Appeals . . . shall be empowered to act on those matters where this Ordinance provides for an administrative review, interpretation, exception, or special approval permit. Planning Commission interpretation is . . . No off street parking or related drives shall be located closer than twenty-five (25) feet to any first floor wall of any dwelling structure which contains openings involving living areas nor closer than eight (8) feet to any such first floor wall that does not contain an opening. Applicant is seeking relief to the twenty-five (25) foot setback requirement for the three areas designated as ZBA (c) in Buildings 3 and 4 on the submitted site plan document. CITY OF NOVI, CODE OF ORDINANCES: Section 2505.2, "Off Street Parking Requirements" states that off street parking shall not be permitted within a front yard . . Applicant is seeking relief for the two (2) parking spaces located within the front yard of Building 2. 2) Case No. 03-079 filed by David Bayon at 25827 Strath Haven David Wayne Bayon is requesting a front yard setback variance of 9.86 feet for a proposed two-story home with attached garage, located on lot #58, 25827 Strath Haven, Pioneer Meadows Subdivision. Property is zoned R-A and located east of Beck Road and south of Ten Mile Road. CITY OF NOVI, CODE OF ORDINANCES: Article 24; Section 2400, "Schedule of Regulations" requires a minimum front yard setback of forty-five (45) feet in an R-A Zoning District.
Required front yard setback: 45 feet Proposed: 35.14 feet Variance: 9.86 feet 3) Case No. 03-080 filed by Mark Guidobono representing homeowners at 47890 Ravello Court Mark Guidobono is requesting a 193 square foot variance for the construction of an attached garage to the proposed home located at 47890 Ravello Court, Unit 12 in the Bellagio Development. Property is zoned R-A and located west of Beck Road and south of Nine Mile Road. CITY OF NOVI, CODE OF ORDINANCES: Section 2503, Paragraph 1G, "Accessory Buildings" state that the total aggregate floor area of all attached and detached accessory structures shall not exceed 1000 square feet for an R-A Zoning District. Proposed attached garage square foot: 1193 Maximum allowable square foot: 1000 Variance: 193 4) Case No. 03-081 filed by Stanley Golembiewski at 24706 Glenda Stanley Golembiewski is requesting an 810 square foot variance for the construction of a detached garage located at 24706 Glenda, Salows Walnut Hill Subdivision No. 2. Property is zoned R-4 and located north of Ten Mile Road and east of Taft Road. CITY OF NOVI, CODE OF ORDINANCES: Section 2503, Paragraph 1G, "Accessory Buildings" state that the total aggregate floor area of all attached and detached accessory structures shall not exceed 850 square feet for an R-4 Zoning District. Proposed accessory structures square foot (total): 1660 square feet Maximum total square foot allowable: 850 square feet Variance: 810 square feet 5) Case No. 03-082 filed by Louis Maiberger at 1517 East Lake Drive Louis Maiberger is requesting two (2) variances for the construction of an open, unenclosed deck located in the front yard of the residence at 1517 East Lake Drive. Applicant is requesting a six (6) foot front yard projection variance and a 6.97 side yard setback variance for a projection into a side yard. Property is zoned R-4. CITY OF NOVI, CODE OF ORDINANCE, Section 2907, "Porches and 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.
Required front setback: 26 feet Proposed front setback: 20 feet Variance: 6 feet CITY OF NOVI, CODE OF ORDINANCE, Section 2908, "Projection into Yards" states that bay windows, chimneys, cantilevered floors and other vertical projections may project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard. Required side yard setback (minimum): 10 feet Proposed: 2.7 feet Allowable projections (based on two (2) feet: .33 inches Variance: 6.97 feet 6) Case No. 03-083 filed by Allied Signs Inc. for Caribou Coffee at 47490 Grand River (Westmarket Square) Allied Signs, Inc., is requesting one (1) sign variance to erect one (1) wall sign at 47490 Grand River, south elevation, for Caribou Coffee. There is currently an existing sign on west elevation. CITY OF NOVI, CODE OF ORDINANCES: 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 26.28 square foot illuminated wall sign to read "Caribou Coffee." 7) Case No. 03-084 filed by Gregory Hudas for Regency Centre Greg Hudas of Signature Associates is requesting an extension of a sign variance granted on August 13, 2002 for a marketing sign located at the entranceway to Regency Centre on Haggerty Road. The applicant is requesting permission to allow the sign to remain for a period of three (3) years. See Case No.s 01-048 and 02-074. 8) Case No. 03-085 filed by Mike Gabriel of State Farm Insurance at 41390 W. Ten Mile Road Mike and Elaine Gabriel are requesting one (1) sign variance to erect one (1) wall sign at 41390 West Ten Mile Road, for State Farm Insurance. There is currently an existing ground pole sign for Twist and Shake, located on the same parcel of land. CITY OF NOVI, CODE OF ORDINANCES: 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 9.3 square foot wall sign to read "State Farm Insurance." 9) Case No. 03-086 filed by Raymond Miras of 21801 Garfield Road Raymond Miras is requesting two (2) variances for a proposed property split located at 21801 Garfield Road. Applicant is requesting a thirty (30) foot lot width variance for Parcel 2 and a south side yard setback variance of four feet, six inches (46") for parent Parcel 1. Properties are Zoned R-A and located west of Garfield Road between Eight and Nine Mile Road. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400, "Schedule of Regulations" requires a minimum lot width of one hundred-fifty (150) feet and a minimum side yard setback of twenty (20) feet in an R-A Zoning District. Required lot width: 150 feet Proposed lot width: 120 feet Variance: 30 feet Required side yard setback: 20 feet Proposed side yard setback: 15 feet, 6 inches Variance: 4 feet, 6 inches 10) Case No. 03-087 filed by John Sherwood at 23980 Meadowbrook Road John Sherwood is requesting (3) variances for the construction of a garage and addition to a residence located at 23980 Meadowbrook Road. Applicant is requesting a thirteen (13) foot front yard setback variance and, a south side yard variance including an aggregate total of both side yard variances of seven foot, eleven inches (711"). Property is Zoned R-4 and located east of Meadowbrook Road and south of Ten Mile Road. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400, "Schedule of Regulations" requires a minimum of a thirty (30) foot front yard setback and a ten (10) foot minimum side yard setback with an aggregate total of twenty-five (25) feet for both side yards. Required front yard setback: 30 feet Proposed front yard setback: 17 feet Variance: 13 feet Required side yard setback (minimum): 12 feet, 11 inches Proposed: 5 feet Variance: 7 feet, 11 inches
Required side yards (both sides): 25 feet Proposed: 17 feet, 01 inch Variance: 7 feet, 11 inches 11) Case No. 03-088 filed by Jon Sylva representing Gander Mountain at 43825 West Oaks Drive (fka K-Mart, West Oak Shopping Center) Jon Sylva is requesting nine (9) sign variances to erect five (5) wall signs at the Gander Mountain (fka K-Mart), located at 43825 West Oaks Drive in the West Oaks Shopping Center. Sign A (Exhibit EG-1) East elevation (2 variances): CITY OF NOVI, CODE OF ORDINANCES: 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 339 square foot illuminated wall sign to read "Gander Mountain." CITY OF NOVI, CODE OF ORDINANCES: Section 28-6(2)b.1.(a)i.a. "Multiple businesses" 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: 339 square feet Permitted: 40 square feet Variance: 299 square feet Sign B (Exhibit EG-2) East elevation (2 variances): CITY OF NOVI, CODE OF ORDINANCES: 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 100 square foot illuminated wall sign to display logo. CITY OF NOVI, CODE OF ORDINANCES: Section 28-6(2)b.1.(a)i.a. "Multiple businesses" 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: 100 square feet Permitted: 40 square feet Variance: 60 square feet
Sign C (Exhibit EG-3) North elevation (2 variances): CITY OF NOVI, CODE OF ORDINANCES: 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 156 square foot illuminated wall sign, logo and read "Gander Mountain." CITY OF NOVI, CODE OF ORDINANCES: Section 28-6(2)b.1.(a)i.a. "Multiple businesses" 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: 156 square feet Permitted: 40 square feet Variance: 116 square feet Sign D (Exhibit EG-4) West elevation (1 variance) CITY OF NOVI, CODE OF ORDINANCES: Section 28-8(10) states: "Signs not exceeding two (2) square feet which contain only noncommercial messages including designation of rest rooms, telephone location, and direction of door openings. " Requested: 11.25 square feet Permitted: 2.0 square feet Variance: 9.25 square feet Sign E (Exhibit EG-5) West elevation (2 variances): CITY OF NOVI, CODE OF ORDINANCES: 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 156 square foot illuminated wall sign, logo and read "Gander Mountain." CITY OF NOVI, CODE OF ORDINANCES: Section 28-6(2)b.1.(a)i.a. "Multiple businesses" 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: 156 square feet Permitted: 40 square feet Variance: 116 square feet OTHER MATTERS
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