| View Agenda for this meeting View Minutes for this meeting ACTION SUMMARY 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, and Reinke Absent: Member Reed (excused) Rules of Conduct:
Approval of Agenda - approved Approval of Minutes – June 3, 2003 and July 8, 2003 - approved Public Remarks - none 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 MOTION: THAT IN CASE NUMBER 03-062 TO GRANT THE PETITIONER’S REQUEST FOR A TEN (10) INCH REAR YARD SETBACK VARIANCE DUE TO LOT CONFIGURATION AND THE FACT THAT IT IS A MINIMAL INTRUSION 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 MOTION: THAT IN CASE NUMBER 03-063 TO GRANT THE PETITIONER’S REQUEST FOR A THIRTEEN (13) INCH REAR YARD SETBACK VARIANCE DUE TO LOT CONFIGURATION AND THE FACT THAT IT IS A MINIMAL INTRUSION INTO THE SETBACK. THE PETITIONER MUST CONTACT THE CITY FORESTER REGARDING THE REMOVAL OF THE EXISTING TREE.
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 MOTION: THAT IN CASE NUMBER 03-064 TO GRANT THE PETITIONER’S REQUEST FOR A SIX (6) FOOT SIDE YARD SETBACK VARIANCE DUE TO THE FACT THAT IF THE POWER LINE WASN’T THERE WE WOULD NOT BE DISCUSSING THIS AND THAT THE PETITIONER AND/OR FAMILY OWNS ALL OF THE SURROUNDING PROPERTY
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.MOTION: THAT IN CASE NUMBER 03-065 THAT THE BOARDS’ INTERPRETATION IS THAT THE PETITIONER MEETS THE SPIRIT OF SECTION 1902.16 WITH HER PROPOSED "DOGGIE DAYCARE"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 MOTION: THAT IN CASE NUMBER 03-066 TO GRANT THE PETITIONER’S REQUEST FOR A FIVE (5) FOOT REAR YARD SETBACK VARIANCE DUE TO LOT CONFIGURATION AND THAT IT WOULD PROBABLY ENCROACH NO MORE INTO THE SETBACKS IF IT WERE AN OPEN DECK
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 CASE TABLED TO SEPTEMBER 9, 2003 MEETING 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 MOTION: THAT IN CASE NUMBER 03-068 TO GRANT THE PETITIONER’S REQUEST FOR A TWO (2) FOOT REAR YARD SETBACK VARIANCE AND A ONE (1) FOOT SEPARATION DISTANCE VARIANCE DUE TO LOT CONFIGURATION AND THE MINIMAL EFFECTS OF THE VARIANCE
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.MOTION: THAT IN CASE NUMBER 03-069 TO GRANT THE PETITIONER’S REQUEST FOR A PERMANENT VARIANCE FOR OUTDOOR STORAGE BECAUSE HE LIVED UP TO HIS OBLIGATIONS, THE VARIANCE IS GRANTED TO THIS PETITIONER ONLY, AND THAT THE STRUCTURE WILL BE WELL MAINTAINED9) 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 MOTION: THAT IN CASE NUMBER 03-070 TO GRANT THE PETITIONER’S REQUEST FOR A TWO FOOT, THREE INCH REAR YARD SETBACK VARIANCE DUE TO LOT CONFIGURATION
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."MOTION: THAT IN CASE NUMBER 03-071 (A) TO GRANT THE PETITIONER’S REQUEST FOR SIGN #2 FOR A 23.5 SQUARE FOOT WALL SIGN, WITH THE LOCATION AT THE PETITIONER’S DESIRE, DUE TO BUSINESS IDENTIFICATION AND A VERY DIFFICULT BUILDING. THE PETITIONER ACKNOWLEDGES THAT THERE IS LANDSCAPING THAT HAS TO BE DONE, WILL ADDRESS THAT AND WILL WORK WITH THE CITY ON REMOVAL / REPLACEMENT.MOTION: THAT IN CASE NUMBER 03-071 (B) TO GRANT THE PETITIONER’S REQUEST FOR SIGN #4 FOR A 6.8 SQUARE FOOT IDENTIFICATION SIGN DUE TO BUSINESS IDENTIFICATION AND A VERY DIFFICULT BUILDING. *Please note – the petitioner removed his request for sign #3 at the meeting.
OTHER MATTERS 1) Conference Member Gronachan stated that every year the Michigan Society of Planning has a conference for planners and zoning people. It was to the Board’s benefit that they have gone in the past. She would like to know what the status was on if any of the Board members could attend? Don Saven stated that this year had a tight budget item for conferences and workshops for Board members. He stated that it was considered at the time of budget but he was unable to get that into the budget. He can make the request but he would need to know who would be interested in attending? Members Gronachan, Reinke, and Gray would be interested in attending. 2) Training date Member Gronachan stated that it was discussed at the June meeting to coordinate a meeting date for training and she questioned whether a date had been set up yet? Tom Schultz stated that his preference would be Wednesday nights and it would be best if it was not a Planning Commission night. He suggested the location of his office and the Board members stated that was fine. Mr. Schultz suggested starting around 6:30 p.m. Sarah Marchioni stated that she would get a few options for meeting dates and e-mail the Board members. 3) Planning Commission minutes Member Gray requested that the Board receive full sets of Planning Commission minutes.
Meeting adjourned at 9:23 p.m.
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