| View Agenda for this meeting View Minutes for this meeting ACTION SUMMARY Roll call Members Bauer, Brennan, Gray, Gronachan, and Reinke
Approval of Agenda – approved as amended Approval of Minutes – February 4, 2003 – removed from agenda. Public Remarks Bob Gatt – He introduced himself and stated that he looks forward to working with the Board. 1) Case No. 03-002 filed by David Cook, prospective buyer of vacant property at 5022-03-454-014 – Idlemere Subdivision David Cook is requesting five (5) variances for the construction of a new home located in Idlemere Subdivision, sidwell # 5022-03-454-014. The variances requested are for the following; a twenty one (21) foot front yard setback variance off of Owenton Road, a four (4) foot side yard setback variance, a twenty foot, six inch (20’6") variance for an uncovered porch facing Owenton Road, a ten (10) foot rear yard setback variance and a five (5) percent variance for lot coverage. The property is zoned R-4 and is reviewed as a corner lot. Please note that this is a continuation from last month. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum front yard setback of thirty (30) feet. Required front yard setback (Owenton): 30 feet Proposed: 9 feet Variance: 21 feet CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet. Required side yard setback: 10 feet Proposed: 6 feet Variance: 4 feet CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum rear yard setback of thirty five (35) feet. Required rear yard setback: 35 feet Proposed: 25 feet Variance: 10 feet CITY OF NOVI, CODE OF ORDINANCE, Section 2907 states "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 uncovered porch setback (Owenton): 26 feet Proposed: 5.5 feet Variance: 20.5 feet CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" states that twenty five (25) percent is the maximum allowed lot coverage of all buildings in a R-4 District. Proposed lot coverage: 30% Maximum allowed: 25% Variance: 5% MOTION: THAT IN CASE NUMBER 03-002 TO DENY THE PETITIONER’S REQUEST FOR FIVE (5) VARIANCES BASED ON THE FACT THAT IT HAS NOT BEEN DEMONSTRATED THAT HE CANNOT BUILD WITH LESS VARIANCES, A SMALLER HOME WOULD ACCOMPLISH THE REQUIREMENTS FOR A REASONABLY SIZED, LIVABLE HOME AND WOULD PROVIDE THE REQUIRED OFF-STREET PARKING IN ALL CASES WITH NEW CONSTRUCTION. 2) Case No. 03-004 filed by Robb Perrin representing Modern Skate & Surf at 44275 12 Mile Road (Fountain Walk) Robb Perrin of Burkett Signs, Inc. is requesting one (1) sign variance to erect a one hundred forty four (144) square foot wall sign for Modern Skate & Surf at 44275 Twelve Mile Road in 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."
Proposed: 144 square feet Maximum allowed: 40 square feet Variance: 104 square feet MOTION: THAT IN CASE NUMBER 03-004 TO GRANT THE PETITIONER’S REQUEST FOR A SIGN WITH THE WORD "MODERN" TO BE NO LARGER THAN TWENTY SEVEN (27) INCHES IN HEIGHT AND PROPORTIONAL WITH THE LANGUAGE OF "SKATE AND SURF" TO BE NO LARGER THAN TWELVE (12) INCHES IN HEIGHT. THE PETITIONER WILL SUPPLY THE SQUARE FOOTAGE OF THE SIGN TO THE BUILDING DEPARTMENT AS A FINAL APPROVAL OF THE VARIANCE. 3) Case No. 02-111 filed by Khanh Pham for Waltonwood at Twelve Oaks – Phase II Khanh Pham of Singh Development Company is requesting two (2) variances for the construction of Phase II of Waltonwood at Twelve Oaks. The requested variances are for a fourteen (14) foot rear yard setback variance and a waiver of the noise analysis. The property is zoned RM-1. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a seventy five (75) foot rear yard setback. Required rear yard setback: 75 feet Proposed: 61 feet Variance: 14 feet CITY OF NOVI, CODE OF ORDINANCE, Section 2519, Paragraph (10)(c), "Performance Standards" requires the applicant to submit a noise analysis. The applicant is requesting a waiver of this standard. MOTION: THAT IN CASE NUMBER 02-111 TO GRANT THE PETITIONER’S REQUEST FOR A FOURTEEN (14) FOOT REAR YARD SETBACK VARIANCE DUE TO BUILDING SHAPE AND CONFIGURATION AND A WAIVER OF THE NOISE ANALYSIS SINCE THE EXISTING BUILDINGS HAVE NOT DEEMED TO REALLY WARRANT THIS ANALYSIS. ALSO, TO REQUIRE THE DEED RESTRICTION THAT THE PROPERTY TO THE NORTH WILL PROVIDE FOURTEEN (14) ADDITIONAL FEET OF BUILDING SETBACK ALONG THE COMMON PROPERTY LINE. 4) Case No. 03-005 filed by Harry Chawney, prospective buyer of 43420 Nine Mile Road (Lot 7 – Brookland Farms) Harry Chawney, prospective buyer, is requesting a height variance to allow a three-story home to be constructed at 43420 Nine Mile Road, Lot 7 in the Brookland Farms Subdivision, sidwell #5022-27-477-014. The property is zoned R-3. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" allows a maximum height of a residential structure at 2 ˝ stories and thirty five (35) feet. Proposed height of structure: 3 stories Maximum allowed: 2 ˝ stories Variance: ˝ story CASE TABLED TO APRIL 1, 2002 MEETING. 5) Case No. 03-006 filed by John Richards Homes of Autumn Park – 46355 White Pines Drive (Lot 127) Carrie Bashista of John Richards Homes is requesting a one (1) year extension for an existing construction trailer at 46355 White Pines Drive, Lot 127 in Autumn Park Subdivision. Please refer to ZBA Case #01-097 and TUP #00-039. MOTION: THAT IN CASE NUMBER 03-006 TO GRANT THE PETITIONER’S REQUEST FOR AN EXTENSION ON AN EXISTING CONSTRUCTION TRAILER FOR A PERIOD OF EIGHT (8) MONTHS AND THAT THE TRAILER IS TO BE REMOVED ON NOVEMBER 4, 2003 6) Case No. 03-007 filed by Reverend Richard Elmer of Catholic Central High School Reverend Richard Elmer is requesting five (5) variances to allow Special Land Use approval and Preliminary Site Plan approval for the construction of Catholic Central High School located on the west side of Wixom Road and south of Grand River. The applicant is seeking the following variances; a fifty five (55) foot height variance for the football field lighting, a variance to the cut-off angle of the football field lighting from ninety (90) degrees to forty five (45) degrees, a variance for the requirements for obscuring earth berms or walls for those portions of the property that abut residentially zoned property, a variance for the requirement of a berm or wall abutting the Wixom Road right-of-way and a variance of approximately 1,300 square feet for the interior parking lot landscape requirement. CITY OF NOVI, CODE OF ORDINANCE, Section 2511, Paragraph 3a, "Required Conditions" states that lighting in a residential district and for uses adjacent to residential districts shall not be mounted in excess of twenty five (25) feet above grade. Proposed football field lighting height: 80 feet Maximum allowed: 25 feet Variance: 55 feet CITY OF NOVI, CODE OF ORDINANCE, Section 2511, Paragraph 3.1.(2) states where a site abuts a residential district, all fixtures shall have a cut-off angle of ninety (90) degrees or less. Proposed cut off angle for football field lighting is at forty five (45) degrees. CITY OF NOVI, CODE OF ORDINANCE, Section 2509.6, Paragraph (a) states that obscuring earth berms and walls shall be provided and maintained on those sides abutting or adjacent to a residential district. Property does abut residentially zoned property and applicant is requesting a variance to this requirement. CITY OF NOVI, CODE OF ORDINANCE, Section 2509.7 "Landscape Planting Buffers Abutting the Right-of-Way" states that landscape buffers shall be installed and maintained adjacent to existing or proposed public right-of-way… Property does abut the Wixom Road right-of-way and applicant is requesting a variance to this requirement. CITY OF NOVI, CODE OF ORDINANCE, Section 2509.8b "Parking Area Landscaping Requirements – Special Land Uses" states that Parking Area Landscape Requirement comply with Section 2509.8. Required parking lot interior landscaping: 14,140 square feet Proposed: 12,848 square feet Variance: 1,300 square feet (approximately) MOTION: THAT IN CASE NUMBER 03-007 (A) TO GRANT THE PETITIONER’S REQUEST FOR A FIFTY FIVE (55) FOOT HEIGHT VARIANCE FOR THE PROPOSED FOOTBALL FIELD LIGHTING AND TO ALLOW THE CUT OFF ANGLE FOR THE LIGHTING TO BE FORTY FIVE (45) DEGREES DUE TO THE SPECIAL LAND USE AND THE FACT THAT THE ORDINANCE DOES NOT ADDRESS THIS ISSUE. ALSO, TO DEFER THIS ISSUE TO ORDINANCE REVIEW. THAT IN CASE NUMBER 03-007 (B) TO GRANT THE PETITIONER’S REQUEST TO ELIMINATE THE BERM REQUIREMENT FOR ABUTTING RESIDENTIAL PROPERTY DUE TO EXISTING WETLAND AND WOODLAND BUFFERS. IN THE EVENT THAT EVERYTHING DIES THEN THE PETITIONER MUST RETURN TO THE BOARD. THAT IN CASE NUMBER 03-007 (C) TO GRANT THE PETITIONER’S REQUEST TO ELIMINATE THE LANDSCAPE BUFFER REQUIREMENT FOR THE ABUTTING WIXOM ROAD RIGHT-OF-WAY DUE TO EXISTING WETLAND AND WOODLAND BUFFERS. IN THE EVENT THAT EVERYTHING DIES THEN THE PETITIONER MUST RETURN TO THE BOARD. THAT IN CASE NUMBER 03-007 (D) TO GRANT THE PETITIONER’S REQUEST FOR A 1,300 SQUARE FOOT (APPROXIMATELY) VARIANCE FOR THE PARKING LOT INTERIOR LANDSCAPING SINCE THE PETITIONER MEETS THE INTENT OF THE ORDINANCE AND IS PROBABLY IN EXCESS IF IT WAS CALCULATED IN A DIFFERENT WAY.
7) Case No. 03-008 filed by John Richards Homes of Autumn Park – 23031 Argyle Street (Lot 120) Carrie Bashista of John Richards Homes is requesting a rear yard setback variance of 9.62 feet for the construction of a new home to be located at 23031 Argyle Street, Lot 120 in Autumn Park Subdivision. The property is zoned R-1. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum rear yard setback of thirty five (35) feet. Required rear yard setback: 35 feet Proposed: 25.38 feet Variance: 9.62 feet MOTION: THAT IN CASE NUMBER 03-008 TO DENY THE PETITIONER’S REQUEST FOR A REAR YARD SETBACK VARIANCE OF 9.62 FEET DUE TO THE FACT THAT IT HAS NOT BEEN DEMONSTRATED THAT A HOME COULD BE BUILT ON THIS SITE WITHOUT A VARIANCE 8) Case No. 03-009 filed by Planet Neon representing Novi Town Center Kevin Blake of Planet Neon is requesting four (4) variances to add verbiage to four (4) existing entranceway signs for the Novi Town Center. Sign A: CITY OF NOVI, CODE OF ORDINANCE, Section 28-1(1) "Definitions": "Business center sign means a sign which identifies the name and/or logo of a business center and which does not contain any additional information regarding individual stores, services, businesses, institutions, organizations or industries located within the planned complex or contiguous stores." The applicant is requesting permission to add the following verbiage to the existing permitted business center sign, "Borders, Comp USA, Linens N’Things, Old Navy, Mervyns, Novi Town Center 8, TJ Maxx, Ballys Total Fitness". Signs B, C and D: ZONING BOARD OF APPEALS CASE #1518: That in Case No. 1518/A, B, C, the requested variance for three (3) additional signs is granted subject to the verbiage reading, "Novi Town Center, A Trammell Crow Company Development." The applicant is requesting permission to add the following verbiage to the three (3) existing signs, "Borders, Comp USA, Linens N’Things, Old Navy, Mervyns, Novi Town Center 8, TJ Maxx, Ballys Total Fitness". CASE TABLED TO APRIL 1, 2003 MEETING 9) Case No. 03-010 filed by Sign Fabricators representing Farm Bureau Insurance at 47680 Grand River – Westmarket Square John Prieur of Sign Fabricators is requesting one (1) sign variance to erect a wall sign at 47680 Grand River for Farm Bureau Insurance in the Westmarket Square 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." Proposed: 40 square feet Permitted: 24 square feet Variance: 16 square feet MOTION: THAT IN CASE NUMBER 03-010 TO DENY THE PETITIONER’S REQUEST FOR A SIXTEEN (16) SQUARE FOOT VARIANCE FOR SIGNAGE BASED ON THE PREVIOUS DISCUSSION AT THIS TABLE THAT THIS BUSINESS IS A DESTINATION LOCATION AND THAT THE ACTUAL LOCATION IS PROPERLY IDENTIFIED OTHER MATTERS 1) Discussion on whether to add the language "Please turn off pagers and cell phones during the meeting" under Rules of Conduct All of the Board members agreed that it is very rude to have ringing phones going off during the meeting and would like this language added as the first item under Rules of Conduct. They hoped other Boards would also make this a rule. 2) Larry Papp – White Pines Drive Mr. Papp questioned whether he was within the required area to be notified for the case at 23031 Argyle. Ms. Marchioni stated that she would find out for him. 3) Vacant property The Board requested for cases that involved vacant property to put a stake or sign to identify the property to avoid driving around looking for it. Ms. Marchioni stated that in the future she would tell the applicant to put some type of identification on the property.
Meeting adjourned at 10:01 p.m.
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