View Agenda for this meeting
View Minutes for this meeting

ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, April 1, 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 – approved as amended

Approval of Minutes – February 4, 2003 – approved as presented

Public Remarks - none

1) Case No. 03-004 filed by George Leichtweis of Modern Skate & Surf at 44275 Twelve Mile Road – Fountain Walk

George Leichtweis, owner, is requesting a reconsideration for his one (1) sign variance to erect a 93.6 square foot wall sign for Modern Skate & Surf at 44275 Twelve Mile Road in the Fountain Walk development. Please note: the applicant had previously attended the March 4, 2003 meeting and has reduced his request.

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: 93.6 square feet

Maximum allowed: 40 square feet

Variance: 53.6 square feet

MOTION: THAT IN CASE NUMBER 03-004 TO GRANT THE PETITIONER’S REQUEST FOR A WALL SIGN WITH A 53.6 SQUARE FOOT VARIANCE FOR A TOTAL SQUARE FOOTAGE OF 93.6

2) 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 ½ stories and thirty five (35) feet.

Proposed height of structure: 3 stories

Maximum allowed: 2 ½ stories

Variance: ½ story

MOTION: THAT IN CASE NUMBER 03-005 TO GRANT THE PETITIONER’S REQUEST BASED ON THE FACT THAT THE PHYSICAL CHARACTERISTICS OF THE LOT AS FAR AS TOPOGRAPHY GO, PRESENT THE HARDSHIP IN ADDITION TO BUILDING IN A FLOODPLAIN, THAT PRECLUDES STORAGE AT A LOWER LEVEL AND MUST GO TO AN UPPER LEVEL. THE BOARD URGES THE APPLICANT TO KEEP WORKING WITH HIS NEIGHBORS.

3) Case No. 03-011 filed by Kurt Dickmann of 24541 Venice

Kurt Dickmann is requesting a fifteen foot six inch (15’6") rear yard setback variance for the construction of an addition located at 24541 Venice. The property is zoned R-4.

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: 19 feet, 6 inches

Variance: 15 feet, 6 inches

MOTION: THAT IN CASE NUMBER 03-011 TO GRANT THE PETITIONER’S REQUEST FOR A FIFTEEN FOOT, SIX INCH REAR YARD SETBACK VARIANCE DUE TO THE LOT SIZE AND THE FACT THAT THE HOUSE BACKS UP TO A WOODED AREA

4) Case No. 03-012 filed by Stephen Donohue of 24379 Glenda

Stephen Donohue is requesting two (2) side yard setback variances and an aggregate total side yard variance for the construction of a proposed garage addition on the south side of the home located at 24379 Glenda. The applicant is seeking; a south side yard setback variance of 4.4 feet, a north side yard setback variance of 6.4 feet and an aggregate total side yard variance of 10.8 feet. The property is zoned R-4 and there is no change to the existing north side yard.

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

Required side yard setback (south side): 10 feet

Proposed: 5.6 feet

Variance: 4.4 feet

Required side yard setback (north side): 15 feet

Proposed: 8.6 feet

Variance: 6.4 feet

Required aggregate total side yard: 25 feet

Proposed: 14.2 feet

Variance: 10.8 feet

MOTION: THAT IN CASE NUMBER 03-012 TO GRANT THE PETITIONER’S REQUEST FOR A 4.4 FOOT SIDE YARD (SOUTH) SETBACK VARIANCE, A 6.4 FOOT SIDE YARD (NORTH) SETBACK VARIANCE AND A 10.8 AGGREGATE TOTAL SIDE YARD SETBACK VARIANCE DUE TO LOT SIZE AND SHAPE AND ALSO THE TOPOGRAPHY OF THE ACTUAL GROUND IN THE BACK OF THE HOUSE

5) Case No. 03-013 filed by Laura Watt of 2219 Austin

Laura Watt is requesting a 13.4 foot front yard setback variance for the construction of a 23’ x 24’ (552 sq. ft.) attached garage located at 2219 Austin Drive. 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: 16.6 feet

Variance: 13.4 feet

CASE TABLED TO MAY 6, 2003 MEETING.

6) Case No. 03-014 filed by John Joseph Sands of 22800 Napier Road

John Joseph Sands is requesting a one thousand fifty two (1,052) square foot variance to allow the construction of a 40’ x 80’ (3,200 sq. ft.) pole barn to be constructed on the property located at 22800 Napier Road. The property is zoned RA and is approximately 9.85 acres. The property has an existing detached garage (16 x 22), which is 352 square feet and included in the variance request.

CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 1G "Accessory Uses" states that the maximum square footage of an accessory structure in an RA Zoning District is 2500 square feet.

Proposed accessory structure: 3200 square feet

Existing accessory structure: 352 square feet

Maximum allowed: 2500 square feet

Variance: 1052 square feet

MOTION: THAT IN CASE NUMBER 03-014 TO GRANT THE PETITIONER’S MODIFIED REQUEST FOR A BUILDING TO BE FORTY (40) FEET BY SIXTY FOUR (64) FEET AND NO LARGER FOR STORAGE OF ANTIQUE VEHICLES, MAINTENANCE VEHICLES FOR THE PROPERTY AND MISCELLANEOUS STORAGE. THIS BUILDING IS TO BE FOR NO COMMERCIAL USE.

7) Case No. 03-015 filed by Albino Cicerone of 45583 Irvine

Albino Cicerone is requesting a 2.87 foot rear yard setback variance for the construction of an enclosure to an existing raised patio located at 45583 Irvine Drive. The property is zoned R-3.

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

Required rear yard setback: 35 feet

Proposed: 32.13 feet

Variance: 2.87 feet

MOTION: THAT IN CASE NUMBER 03-015 TO GRANT THE PETITIONER’S REQUEST FOR A 2.87 FOOT REAR YARD SETBACK VARIANCE TO ENCLOSE AN EXISTING DECK SO THAT THE APPLICANT CAN BETTER ENJOY HIS YARD AND BECAUSE IT DOES NOT ENCROACH ANY FARTHER INTO THE REAR SETBACK THAN IT DOES ALREADY

8) Case No. 03-016 filed by Robert Wineman of Etkin Equities, LLC representing Telcom Credit Union at 44575 Twelve Mile Road (Timber Creek development)

Robert Wineman of Etkin Equities, LLC representing Telcom Credit Union is requesting one (1) sign variance to erect a twenty four (24) square foot ground sign at 44575 West Twelve Mile Road in the Timber Creek development.

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…"

The applicant is requesting permission to erect a twenty four (24) square foot ground sign.

MOTION: THAT IN CASE NUMBER 03-016 TO GRANT THE PETITIONER’S REQUEST FOR A SECOND GROUND SIGN FOR IDENTIFICATION

 

9) Case No. 03-017 filed by Martha Hood of S.R. Jacobson for Saratoga Circle / Camden Court

Martha Hood of S.R. Jacobson is requesting a fourth extension of two (2) previously granted sign variances that have expired for the Saratoga Circle and Camden Court development. The first variance is a 4’ x 8’ (32 sq. ft.) ground sign located at the southwest corner of Thirteen Mile and Novi Road. The second variance is a 4’ x 8’ (32 sq. ft.) ground sign located at the north corner of Novi Road and Old Novi Road. Please refer to ZBA Case No.’s 99-038, 99-039, 00-095 and 01-096.

The applicant is requesting permission to allow the two (2) existing signs to remain for one (1) year.

MOTION: THAT IN CASE NUMBER 03-017 TO GRANT THE PETITIONER’S REQUEST FOR AN EXTENSION FOR BOTH SIGNS FOR A PERIOD NOT TO EXCEED ONE (1) YEAR

10) Case No. 03-018 filed by Daiva Lukasiewicz of 23680 Maude Lea Circle

Daiva Lukasiewicz is requesting a three (3) foot setback variance from the addition to the existing pool at 23680 Maude Lea Circle. The property is zoned R-4.

CITY OF NOVI, CODE OF ORDINANCE, Section 2503.1.D states:

"No detached accessory building shall be located closer than ten (10) feet to any main building nor shall it be located closer than six (6) feet to any interior side lot or rear lot line."

Required distance between the house and swimming pool: 10 feet

Proposed: 7 feet

Variance: 3 feet

MOTION: THAT IN CASE NUMBER 03-018 TO GRANT THE PETITIONER’S REQUEST FOR A THREE (3) FOOT SETBACK VARIANCE SINCE THE APPLICANT IS WITHIN THE SPIRIT OF THE ORDINANCE AND THE REQUEST IS MINIMAL

11) Case No. 03-019 filed by Michael Parks representing Premium Self Storage

Michael Parks is requesting a variance to allow a flat roof for the proposed Premium Self Storage facility located on the north side of Grand River between Meadowbrook and Haggerty Roads. The property is zoned I-1.

CITY OF NOVI, CODE OF ORDINANCE, Section 1903, Paragraph 5(p) requires that buildings shall be architecturally designed so as to not have a flat roof.

All buildings proposed for the development have flat roofs.

MOTION: THAT IN CASE NUMBER 03-019 TO GRANT THE PETITIONER’S REQUEST TO ALLOW FLAT ROOFS DUE TO UNIQUE CHARACTERISTICS OF THE ZONING DISTRICT

12) Case No. 03-020 filed by Matthew Quinn representing Asbury Park Estates

Matthew Quinn is requesting one (1) variance for the proposed Asbury Park Estates development to be located on the north side of Eleven Mile Road between Taft and Beck Roads. The applicant is requesting a variance to allow the location of the active recreation space on the outer perimeter of the subdivision. The property is zoned R-1.

CITY OF NOVI, CODE OF ORDINANCE, Section 2402.2.D(5) states that no active recreational areas are to be located along the outer perimeters of the subdivision except under certain circumstances.

Proposed active recreation areas are shown along the south perimeter of the subdivision.

MOTION: THAT IN CASE NUMBER 03-020 TO GRANT THE PETITIONER’S REQUEST FOR THE LOCATION OF THE ACTIVE RECREATION AREA TO THE SOUTH PERIMETER OF THE SUBDIVISION BASED ON THE OVERALL TOPOGRAPHY OF THE SUBDIVISION

13) Case No. 03-021 filed by Michael Bulbuk of 41860 Quince

Michael Bulbuk is requesting a 14.5 foot front yard setback variance and a 7.1 foot rear yard setback variance to construct a garage addition to be located at 41860 Quince. The property is zoned R-4.

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

Required front yard setback: 30 feet

Proposed (exterior side yard): 15.5 feet

Variance: 14.5 feet

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: 27.9 feet

Variance: 7.1 feet

MOTION: THAT IN CASE NUMBER 03-021 TO GRANT THE PETITIONER’S REQUEST FOR A 14.5 FOOT FRONT YARD (EXTERIOR SIDE YARD) SETBACK VARIANCE AND A 7.1 FOOT REAR YARD SETBACK VARIANCE BASED ON THE LOT SIZE, CONFIGURATION AND THE FACT THAT IT IS A CORNER LOT

14) Case No. 03-022 filed by Brad Byarski for Trillium Village

Brad Byarski is requesting two (2) variances for the proposed Trillium Village development. The property is located north of Nine Mile Road and west of Haggerty Road. The applicant is requesting a reduced front yard setback variance of twenty (20) feet and a variance to the required sidewalks along both sides of the private drive (along southeast detention basin and along existing stone home property – lot 18).

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a thirty (30) foot front yard setback for a R-4 standard (single family home).

Required front yard setback: 30 feet

Proposed: 10 feet

Variance: 20 feet

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations", Paragraph (p) requires sidewalks to be installed along both sides of all public or private roads.

The proposed plan lacks sidewalks along existing stone home property (lot 18) and along detention basin "B".

MOTION: THAT IN CASE NUMBER 03-022 TO GRANT THE PETITIONER’S REQUEST FOR A TWENTY (20) FOOT FRONT YARD SETBACK VARIANCE FOR THE EXISTING STONE HOME AND THE SIDEWALK REQUIREMENTS ALONG THE EXISTING STONE HOME AND DETENTION BASIN "B" DUE TO RETAINING A HISTORIC HOME AND THE REQUIREMENTS OF THE SITE DEVELOPMENT

15) Case No. 03-023 filed by Robert McCowan for Summerlin

Robert McCowan of Summitt Dev. Inc. is requesting four (4) sign variances for three (3) signs at the Summerlin project located on the east side of West Park Drive between Pontiac Trail and South Lake Drive.

Sign A (located between lots 24 and 36):

CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(3), Real estate sign, allows one (1) real estate sign with a maximum square footage of six (6) square feet.

Requested: 13 square feet

Permitted: 6 square feet

Variance: 7 square feet

Sign B (located on lot 36):

CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(3), Real estate sign, allows one (1) real estate sign with a maximum square footage of six (6) square feet.

The applicant is requesting permission to allow a second real estate sign.

Requested: 7.32 square feet

Permitted: 6 square feet

Variance: 1.32 square feet

Sign C (located in the entranceway to the subdivision):

CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(7), Open house signs, with a maximum square footage of four (4) square feet.

Requested: 7.32 square feet

Permitted: 4 square feet

Variance: 3.32 square feet

MOTION: THAT IN CASE NUMBER 03-023 TO GRANT THE PETITIONER’S REQUEST FOR SIGNS A & C AS TOTAL SIGNAGE WITHOUT HAVING THE SIXTY FOUR (64) SQUARE FOOT DEVELOPMENT SIGN FOR DEVELOPMENT IDENTIFICATION, WILL HAVE TO COME BACK TO ZBA FOR FURTHER SIGNAGE

OTHER MATTERS

1) Election of officers

Member Gronachan was elected to the position of Chair of the Board.

Member Gray was elected to the position of Vice-Chair of the Board.

Member Bauer was elected to the position of Secretary of the Board.

 

Adjourned at 9:45 p.m.