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ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, July 8, 2003 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call: Members Bauer, Brennan, Gray, Gronachan, and Reinke

Absent: Members Gatt (excused) and Reed (excused)

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 – May 6, 2003 – approved

Public Remarks - none

1) Case No. 03-041 filed by Michael Fellows for Brookhaven Subdivision located at 42400 Ten Mile Road

Michael Fellows of Brookhaven Development is requesting a sign extension for an existing sign located at 42400 Ten Mile Road for the proposed Brookhaven Subdivision. The proposed Brookhaven Subdivision is located on the north side of Ten Mile Road between Novi and Meadowbrook Roads, just east of the CSX Railroad tracks. The ground sign is twenty five (25) square feet and was granted a variance on November 4, 2002 for a period of six (6) months. The applicant would like to request an additional six (6) months or until the first building permit is issued. Please note: once the applicant is issued the first building permit the sign is allowed per Ordinance. Please see Case No. 02-087.

CASE TABLED TO AUGUST 12, 2003 MEETING

 

2) Case No. 03-037 filed by Heileman Signs representing Varsity Lincoln Mercury at 49251 Grand River

Dan Heileman of Heileman Signs is requesting three (3) variances to erect three signs to be located at Varsity Lincoln Mercury at 49251 Grand River. The property is located at the southeast corner of Grand River and Wixom Road. Please see Case No. 94-035. *Please note – Sign B does not require a variance.

Sign A – "Lincoln Mercury":

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 77.27 square foot illuminated wall sign to read "Lincoln Mercury."

Sign B – "Service":

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 does not need a variance for this sign, per Zoning Board of Appeals Case 94-035, which allowed a "Service" sign to be no larger than eight (8) square feet. The applicant is proposing a 5.6 square foot non-illuminated wall sign.

Sign C – Lincoln and Mercury logos:

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 an eighteen (18) square foot illuminated wall sign that contains the Lincoln and Mercury logos.

Sign D – "Varsity":

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 22.5 square foot illuminated wall sign to read "Varsity."

MOTION: THAT IN CASE NUMBER 03-037 TO GRANT THE PETITIONER’S REQUEST FOR THREE (3) SIGNS FOR THE PURPOSE OF RE-IDENTIFICATION OF AN EXISTING BUSINESS

3) Case No. 03-050 filed by John Karakian of 2450 Shawood Drive

John Karakian is requesting a front yard setback variance of 24.8 feet for the construction of a second story addition to an existing home located at 2450 Shawood Drive. The applicant will not be increasing the footprint of the building and has previously been before the Zoning Board of Appeals for Case No. 00-102 on January 9, 2001. The home is located west of Old Novi Road and south of Thirteen 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 for property in an R-4 Zoning District.

Required front yard setback: 30 feet

Proposed: 5.2 feet

Variance: 24.8 feet

MOTION: THAT IN CASE NUMBER 03-050 TO GRANT THE PETITIONER’S REQUEST FOR A FRONT YARD SETBACK SINCE IT WILL NOT INCREASE THE FOOTPRINT, IT WILL ENHANCE THE PROPERTY AND THE LOT HAS A VERY DIFFICULT CONFIGURATION WITH ELEVATION

4) Case No. 03-052 filed by Terrence Crossley of Crosspointe Meadows Church, aka Redford Baptist Church at 5022-12-101-042

Terrence Crossley of Crosspointe Meadows Church, aka Redford Baptist Church is requesting a sign extension for an existing temporary sign located on Meadowbrook Road between Twelve and Thirteen Mile Roads for the proposed church. The ground sign is thirty two (32) square feet, for the purpose of identification and was granted a variance on December 4, 2001 for a period of eighteen (18) months. The applicant would like to request an additional eighteen (18) months. Please see Case No. 01-091.

MOTION: THAT IN CASE NUMBER 03-052 TO GRANT THE PETITIONER’S REQUEST FOR A SIGN EXTENSION TO EXPIRE ON FEBRUARY 12, 2004

5) Case No. 03-053 filed by Bill Carr Signs representing Boston Market at 43363 Crescent Boulevard (Novi Town Center)

Mike Ellithorpe of Bill Carr Signs is requesting one (1) sign variance to erect a ground sign to be located at 43363 Crescent Boulevard (Novi Town Center) for Boston Market. The ground sign will be located on the west side of the building, facing Novi 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…"

The applicant is requesting permission to erect a thirty (30) square foot ground sign.

MOTION: THAT IN CASE NUMBER 03-053 TO GRANT THE PETITIONER’S REQUEST FOR A GROUND SIGN ON THE WEST SIDE OF THE BUILDING ON NOVI ROAD WITH THE STIPULATION THAT THE WALL SIGN ON THE WEST SIDE OF THE BUILDING WILL BE REMOVED

6) Case No. 03-054 filed by Nick Palise II of 150 New Court

Nick Palise II is requesting three (3) variances for the construction of a new residence to replace an older house on the property. The applicant is seeking; an east side yard setback variance of five (5) feet, a front yard setback variance of 1.16 feet and an open unenclosed front porch setback variance of 8.16 feet. The property is zoned R-4 and located on the east side of East Lake Drive between Thirteen and Fourteen Mile Roads.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400, "Schedule of Regulations" require a minimum of a thirty (30) foot front yard setback and a minimum of a ten (10) foot side yard setback for those properties located in a R-4 Zoning District.

Required front yard setback: 30 feet

Proposed: 28.84 feet

Variance: 1.16 feet

Required side yard setback: 10 feet

Proposed: 5 feet

Variance: 5 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 2907, "Porches and Decks" states:

"An open, unenclosed and uncovered porch or paved terrace may project into the required front yard setback for a distance not exceeding four (4) feet."

Maximum allowable setback for porch projection: 26 feet

Proposed: 17.84 feet

Variance: 8.16 feet

MOTION: THAT IN CASE NUMBER 03-054 TO GRANT THE PETITIONER’S REQUEST FOR A THREE (3) FOOT SIDE YARD SETBACK VARIANCE AND A SEVEN (7) FOOT FRONT YARD PORCH PROJECTION SETBACK VARIANCE DUE TO LOT CONFIGURATION

7) Case No. 03-055 filed by Gregory Gluck of Fox Run Retirement Community at 41000 Thirteen Mile Road

Gregory Gluck is requesting a variance to allow a ramp to an underground parking structure to be approximately 11’10" from the south elevation of Residential Building 2.5 in the Fox Run Retirement Community. The dimension is within the minimum allowable 25’ dimension from the driveway to buildings with openings. The property is located north of Thirteen Mile Road, east of Meadowbrook Road and zoned RM-1 with a PD-1 Option.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400, "Schedule of Regulations", footnote e (6) states that no off-street parking or related drive shall be located closer than 25 feet to any building wall which contains openings involving living areas.

Related drive distance required: 25 feet

Proposed: 11 feet, 10 inches

Variance: 13 feet, 2 inches

MOTION: THAT IN CASE NUMBER 03-055 TO GRANT THE PETITIONER’S REQUEST OF 13 FEET, 2 INCHES BASED ON THE PRACTICAL DIFFICULTY PRESENTED AND CONDITIONED ON THE SCREENING SHOWN ON THE DRAWINGS BEING INSTALLED AS REPRESENTED BY THE APPLICANT

8) Case No. 03-056 filed by Wah Yee Associates representing Beechforest Office Park at 26999 Meadowbrook Road

Charles Fosse of Wah Yee Associates is requesting an approval for a one year extension of ZBA Case No. 99-069 to coincide with Planning Commission approval for the Beechforest Office Park, located at 26999 Meadowbrook Road, north of Eleven Mile Road and south of Twelve Mile Road. This case previously received an extension on June 5, 2001 and July 9, 2002 to allow a one year extension of a variance to coincide with the expiration of the final site plan approval.

The applicant is tentatively scheduled with the Planning Commission for July 30, 2003 for a one year extension of the final site plan approval. The final site plan expires on August 28, 2003. This extension is the final request that may be granted.

MOTION: THAT IN CASE NUMBER 03-056 TO GRANT THE PETITIONER’S REQUEST FOR AN EXTENSION TO EXPIRE ON AUGUST 28, 2004 PENDING PLANNING COMMISSION APPROVAL

9) Case No. 03-057 filed by Debra Blashfield, prospective buyer for 2105 West Lake Drive

Debra Blashfield is requesting four (4) variances for the construction of a new home located at 2105 West Lake Drive, sidwell 5022-03-155-014. The applicant is requesting; a north side yard setback variance of 8.62 feet, a south side yard setback variance of 10.68 feet, a total aggregate side yard setback variance of 19.3 feet and a lot coverage variance of 7%. The property is zoned R-4 and located east of West Road between South Lake Court and Penhill.

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

Minimum side yard setback (north): 10 feet

Proposed: 1.38 feet

Variance: 8.62 feet

Minimum side yard setback (south): 15 feet

Proposed: 4.32 feet

Variance: 10.68 feet

Minimum aggregate (both sides): 25 feet

Proposed: 5.7 feet

Variance: 19.3 feet

Maximum lot coverage: 25%

Proposed: 32%

Variance: 7%

MOTION: THAT IN CASE NUMBER 03-057 TO GRANT THE PETITIONER’S MODIFIED REQUEST WITH AN EIGHT (8) FOOT SIDE YARD SETBACK VARIANCE ON THE NORTH, A 10.68 FOOT SIDE YARD SETBACK VARIANCE ON THE SOUTH, THE TOTAL AGGREGATE VARIANCE OF 18.68 FEET, AND THE MAXIMUM LOT COVERAGE VARIANCE WOULD BE SOMETHING LESS THAN SEVEN (7) PERCENT DUE TO LOT CONFIGURATION

10) Case No. 03-058 filed by Todd Keene of 2300 Austin Drive

Todd Keene is requesting a thirteen (13) foot front yard setback variance for the construction of an attached garage / addition to the residence located at 2300 Austin Drive. The property is on a corner lot, zoned R-4 and located south of Thirteen Mile and west of Old Novi Road. Please refer to Case No. 03-049.

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

Required front yard setback: 30 feet

Proposed: 17 feet

Variance: 13 feet

MOTION: THAT IN CASE NUMBER 03-058 TO GRANT THE PETITIONER’S REQUEST FOR A THIRTEEN (13) FOOT FRONT YARD SETBACK VARIANCE TO CONSTRUCT A TWO-STORY, TWO CAR GARAGE AND THAT THE VARIANCE BE GRANTED DUE TO THE SPECIFIC TOPOGRAPHY, LOT SIZE AND CONFIGURATION OF THE PROPERTY

11) Case No. 03-059 filed by Underwriters Laboratories at 25175 Regency Drive (Regency Industrial Centre)

Bertrand Cooper of Underwriters Laboratories is requesting a variance to allow a generator to be placed on the outside of the business located at 25175 Regency Drive. Underwriters Laboratories is located within the Regency Industrial Centre, which is located west of Haggerty Road and north of Grand River Avenue. This request is for a temporary diesel generator to be located adjacent to the business facility from July 9, 2003 until July 25, 2003. The property is zoned I-1 and all business uses are to be located within a completely enclosed building. Please note: Decibel ratings of the generator are within the Ordinance range.

CITY OF NOVI, CODE OF ORDINANCE, Section 1905, Paragraph 1 (a) states that all uses in an I-1 Zoning District shall be conducted within a completely enclosed building.

The applicant is requesting permission to place a generator on the exterior of the building from July 9, 2003 until July 25, 2003.

MOTION: THAT IN CASE NUMBER 03-059 TO GRANT THE PETITIONER’S REQUEST FOR A SHORT TERM DURATION OF THIRTY (30) DAYS FOR THE PURPOSE OF ELECTRICAL NEEDS BY THE PETITIONER AND THAT THE BUILDING DEPARTMENT HAVE CONTINUING JURISDICTION OVER MONITORING THE NOISE DECIBEL

12) Case No. 03-060 filed by Allied Signs Inc. representing Sheraton Hotel fka Novi Hilton at 21111 Haggerty

Arnold Randy Schmitt of Allied Signs Inc. representing Sheraton Hotel fka Novi Hilton is requesting six (6) sign variances to erect two (2) wall signs and two (2) ground signs. Sheraton Hotel is located at 21111 Haggerty, north of Eight Mile Road and west of Haggerty Road.

Sign A (ground sign at south entrance):

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 32.67 square foot illuminated ground sign.

Sign B (ground sign at north entrance):

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 32.67 square foot illuminated ground sign.

Sign C (wall sign – logo):

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)ii.b states:

"A wall sign displayed on a building occupied by one (1) business shall not exceed one (1) square foot of signage for each three (3) feet of setback from the centerline of the nearest adjacent thoroughfare…"

Area requested: 81 square feet

Area permitted: 40 square feet

Variance: 41 square feet

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 an eighty one (81) square foot illuminated wall sign.

Sign D (wall sign – Sheraton):

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)ii.b states:

"A wall sign displayed on a building occupied by one (1) business shall not exceed one (1) square foot of signage for each three (3) feet of setback from the centerline of the nearest adjacent thoroughfare…"

Area requested: 158.75 square feet

Area permitted: 40 square feet

Variance: 118.75 square feet

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 158.75 square foot illuminated wall sign.

MOTION: THAT IN CASE NUMBER 03-060 TO GRANT THE PETITIONER’S REQUEST FOR SIX (6) SIGN VARIANCES FOR THE PURPOSE OF BUSINESS IDENTIFICATION AND REASONS PREVIOUSLY FOUND BY THE BOARD

13) Case No. 03-061 filed by Amber Chaffee, prospective buyer for property located at 5022-03-454-014 (Owenton / Bernstadt)

Amber Chaffee is requesting two (2) variances for the construction of a new home located in Idlemere Subdivision, sidwell 5022-03-454-014. The applicant is requesting a twenty (20) foot front yard setback variance off of Owenton Road and a five (5) foot total side yard setback variance for the minimum aggregate total of both sides. The property is zoned R-4 and is reviewed as a corner lot.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400, "Schedule of Regulations" requires a minimum front yard setback of thirty (30) feet and a minimum aggregate total setback of twenty five (25) feet for the two side yards in a R-4 Zoning District.

Required front yard setback (Owenton): 30 feet

Proposed: 10 feet

Variance: 20 feet

Minimum aggregate total (both sides): 25 feet

Proposed: 20 feet

Variance: 5 feet

MOTION: THAT IN CASE NUMBER 03-061 TO GRANT THE PETITIONER’S REQUEST FOR A TWENTY (20) FOOT FRONT YARD SETBACK VARIANCE AND A FIVE (5) FOOT AGGREGATE TOTAL SETBACK VARIANCE DUE TO LOT SIZE AND SHAPE

OTHER MATTERS

1) Oak Pointe Church

The Board members held a discussion with the City Attorney, Gary Dovre, on the facts and findings that had been prepared by his office. There was discussion on each motion that they had made previously made.

2) Mock-up signs

Ms. Marchioni had asked for help from the Board members on ways that the applicants could be more alerted to erect mock-up signs. For each applicant she sends out a meeting notification and she started to include a paragraph on the mock-ups signs in each of the applicable letters. She is also going to add a line on the application that references the mock-up signs. She asked the Board members their feelings on when the mock-up signs should be removed if they are approved? The Board members felt that it should be on a case-by-case basis and will be included in each of the motions.

3) August meeting date

Ms. Marchioni stated that originally when the calendar was set up for 2003 they were unsure if there would be a primary election or not so the Zoning Board of Appeals meeting was scheduled for August 12th. There will not be a primary election this year so she stated that they had the option of holding the meeting on August 5th. However, since the cut-off date would remain the same the Board members may not have as much time as usual to review the packets. She asked what day they would prefer to hold the meeting on? The Board members agreed on the 12th.

 

4) Public Hearing notices

Ms. Marchioni asked the Board members what their preference was on projects abutting large developments such as condominiums and the Public Hearing notices? She asked if they would like her to send them out to each individual owner or to the Association? For example, Fox Run abuts Maples and she had to send out almost 900 notices for a pretty minor request. The Board members stated that they would like a report from the attorneys on the procedure.

Meeting adjourned at 11:09 p.m.