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ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, September 9, 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

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

Approval of Minutes

Public Remarks

1) Case No. 03-067 filed by Teddy Lee of 26075 Lanny’s Road

Teddy Lee is requesting one (1) variance for the construction of a detached garage located at 26075 Lanny’s Road. The applicant is requesting 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 in a R-4 Zoning District there is a maximum of one (1) detached accessory structure allowed on property less than 21,780 square feet.

Number of detached accessory structures allowed: 1

Proposed number of detached accessory structures: 2

Variance: 1

MOTION: TO APPROVE THE PETITIONER’S REQUEST FOR A VARIANCE TO ALLOW MORE THAN ONE DETACHED ACCESSORY STRUCTURE ON THE PROPERTY, BASED ON AVAILABLE LOT SPACE. THE STRUCTURE IS NOT TO EXCEED THE AMENDED 16 x 16 DIMENSIONS.

2) Case No. 03-072 filed by Etkin Equities for Residence Inn at 27477 Cabaret Drive (Timber Creek, fka Fountains West)

Robert Bednas of Etkin Equities is requesting eight (8) sign variances to erect one ground sign and three wall signs at the Residence Inn located at 27477 Cabaret Drive in the Timber Creek development, fka Fountains West.

Sign A (Exhibit B) – Ground sign (3 variances):

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2) a. 1.i."Ground Sign:Area" states:

"…ground signs shall not exceed a maximum thirty (30) square feet or one (1) square foot for each two (2) feet the sign is setback, whichever is greater, with a maximum area of one hundred (100) square feet."

Area requested: 51 square feet

Permitted: 30 square feet

Variance: 21 square feet

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)a.2.ii. "Ground Sign: Height" states:

"All other ground signs shall not exceed a height of five (5) feet."

Height requested: 8 feet

Permitted: 5 feet

Variance: 3 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)3. "Ground Sign: Placement" states:

"Ground signs shall not be placed less than sixty three (63) feet from the centerline of a thoroughfare or collector street…"

Setback requested: 40 feet

Required: 63 feet

Variance: 23 feet

MOTION: THAT IN CASE NUMBER 03-072 (A) TO DENY THE PETITIONER’S REQUEST FOR A FIFTY ONE (51) SQUARE FOOT GROUND SIGN.

Sign B (Exhibit C) – East elevation Gate House sign (1 variance):

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 20.7 square foot non-illuminated wall sign to read "Residence Inn Marriott."

MOTION: THAT IN CASE NUMBER 03-072 (B) THE PETITIONER HAS WITHDRAWN THE REQUEST.

Sign C (Exhibit E) – East elevation Guest House sign #2 (2 variances):

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 130 square foot illuminated wall sign to read "Residence Inn Marriott."

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.ii.b. "Single business" 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 or collector street…"

Requested: 130 square feet

Permitted (based on 190’ of setback from centerline of Cabaret): 63 square feet

Variance: 67 square feet

MOTION: THAT IN CASE NUMBER 03-072 (C) TO GRANT THE PETITIONER’S REQUEST FOR AN AMENDED ONE HUNDRED (100) SQUARE FOOT WALL SIGN FOR BUSINESS AND BUILDING IDENTIFICATION.

Sign D (Exhibit D) – South elevation Guest House sign #1 (2 variances):

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 130 square foot illuminated wall sign to read "Residence Inn Marriott."

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.ii.b. "Single business" 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 or collector street…"

Requested: 130 square feet

Permitted (based on 215’ of setback from centerline of Cabaret): 71.5 square feet

Variance: 58.5 square feet

MOTION: THAT IN CASE NUMBER 03-072 (D) TO GRANT THE PETITIONER’S REQUEST FOR A ONE HUNDRED THIRTY (130) SQUARE FOOT WALL SIGN FOR BUSINESS AND BUILDING IDENTIFICATION.

3) Case No. 03-073 filed by Northern Equities Group for Beck North Corporate Park, Phase II

Matthew Sosin of Northern Equities Group is requesting to appeal the denial of the preliminary site plan and site condominium approval including waiver of the required berm adjacent to the surrounding residential properties for the Beck North Corporate Park, Phase II, site plan #00-13J. The property is located east of Beck Road and north of West Road.

CITY OF NOVI, CODE OF ORDINANCE, Section 3104, "Jurisdiction", Paragraph (a) states that the power of the Zoning Board of Appeals shall include:

"To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Building Official or any other administrative official in carrying out or enforcing any provisions of this Ordinance."

The applicant is requesting to appeal the denial made by the Planning Commission on July 30, 2003 for the preliminary site plan and site condominium approval including waiver of the required berm adjacent to the surrounding residential properties.

MOTION: THAT IN CASE NUMBER 03-073; (A) TO APPROVE THE PETITIONER’S REQUEST TO APPEAL DENIAL MADE BY PLANNING COMMISSION FOR PRELIMINARY SITE PLAN, BECAUSE THE PLAN MEETS APPLICABLE ORDINANCE REQUIREMENTS AND, SUBJECT TO ALL CONSULTANT AND STAFF REVIEWS AND REQUIREMENTS. THE APPLICANT HAS AGREED TO PROVIDE A TOTAL OF A 125 FOOT MINIMUM SETBACK FROM THE BRISTOL CORNERS PROPERTY LINE ALONG THE EAST SIDE OF THE BECK NORTH, PHASE II, PROPERTY.

THAT IN CASE NUMBER 03-073; (B) TO APPROVE THE PETITIONER’S REQUEST TO GRANT THE APPEAL FROM DENIAL OF THE WAIVER OF BERM REQUIREMENT (FOR THIS SITE PLAN ONLY) ADJACENT TO SURROUNDING RESIDENTIAL PROPERTIES FOR BECK NORTH CORPORATE PARK, PHASE II. THE BERM WILL BE EVALUATED ON AN INDIVIDUAL UNIT-APPROVAL BASIS, AS SUBMITTED FOR DEVELOPMENT. THE EVERGREEN TREES THE APPLICANT HAS AGREED TO PROVIDE WILL BE PLANTED AT TIME OF DEVELOPMENT OF THE INDIVIDUAL UNITS. THE APPLICANT HAS AGREED TO PROVIDE A TOTAL OF A 125 FOOT MINIMUM SETBACK FROM THE BRISTOL CORNERS PROPERTY LINE ALONG THE EAST SIDE OF THE BECK NORTH, PHASE II, PROPERTY.

4) Case No. 03-074 filed by David Doiron of 1750 Paramount

David Doiron is requesting four (4) variances for the construction of a proposed garage addition located at 1750 Paramount. The applicant is requesting a .6 foot rear yard setback variance, a 12.6 foot side yard setback variance (north side), a combined side yard setback variance of 22.2 feet and a lot coverage variance of 206 square feet. The property is zoned R-4 and is located north of 13 Mile and east of Old Novi Road.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400, "Schedule of Regulations" requires a rear yard setback of thirty (35) feet in an R-4 Zoning District.

Required rear yard setback: 35 feet

Proposed: 34.4 feet

Variance: .6 feet

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 a minimum of a twenty five (25) foot aggregate total setback for both sides.

Required side yard setback (north): 15 feet

Proposed: 2.4 feet

Variance: 12.6 feet

Required total aggregate side yard (both sides): 25 feet

Proposed: 2.8 feet

Variance: 22.2 feet

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400, "Schedule of Regulations" requires a maximum of twenty five percent (25%) lot coverage.

Proposed lot coverage: 1206 square feet

Required: 1000 square feet

Variance: 206 square feet

MOTION: THAT IN CASE NUMBER 03-074 TO DENY THE PETITIONER’S REQUEST FOR FOUR (4) VARIANCES TO ALLOW CONSTRUCTION OF A GARAGE ADDITION DUE TO LOT WIDTH AND SHAPE.

5) Case No. 03-075 filed by Radiant Sign Company, LLC for American Home Fitness at 44225 Twelve Mile Road (Fountain Walk)

Paul Weinstock of Radiant Sign Company, LLC is requesting two (2) sign variances to erect two (2) wall signs at 44225 Twelve Mile Road (Fountain Walk) for American Home Fitness.

Sign A:

CITY OF NOVI, CODE OF ORDINANCE, 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: 40 square feet

Permitted: 24 square feet

Variance: 16 square feet

Sign B:

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 9 square foot illuminated wall sign to read "American Home Fitness."

MOTION: THAT IN CASE NUMBER 03-075 TO (A) APPROVE THE PETITIONER’S REQUEST FOR A VARIANCE OF 16 SQUARE FEET FOR ONE WALL SIGN. PETITIONER MAY PLACE SIGN IN FRONT OR RECESSED AREA FOR BUSINESS RECOGNITION.

THAT IN CASE NUMBER 03-075 TO (B) DENY THE PETITIONER’S REQUEST FOR AN ADDITIONAL WALL (logo) SIGN OF 9 SQUARE FEET.

6) Case No. 03-076 filed by James Davies at 41771 Aspen

James Davies is requesting two (2) side yard setback variances for the construction of an addition to the existing attached garage at 41771 Aspen. The applicant is requesting a five (5) foot side yard setback variance and a total aggregate side yard setback variance of 1.5 feet for both sides. The property is zoned R-4 and located south of Ten Mile and west of Meadowbrook Road.

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 a minimum of a twenty five (25) foot aggregate total setback for both sides.

Required side yard setback (minimum): 10 feet

Proposed: 5 feet

Variance: 5 feet

Required total aggregate side yard (both sides): 25 feet

Proposed: 23.5 feet

Variance: 1.5 feet

MOTION: THAT IN CASE NUMBER 03-076 TO APPROVE THE PETITIONER’S REQUEST FOR TWO (2) SIDE YARD SETBACK VARIANCES FOR CONSTRUCTION OF AN ADDITION TO THE EXISTING GARAGE DUE TO LOT SIZE AND SHAPE.

7) Case No. 03-077 filed by Frederick Raymond for AT & T Wireless at 44170 Grand River

Frederick Raymond is requesting a four (4) foot rear yard setback variance to place an accessory structure within the six (6) foot required rear yard setback for accessory structures. The accessory structures are the cabinets that are required as part of the co-location of a cellular antenna. The project is located north of Grand River, between Novi and Taft Road (site of Harold’s Frame Shop at 44170 Grand River). Please see Case No. 95-125 for the original antenna variance.

CITY OF NOVI, CODE OF ORDINANCE, Section 2503.1D, "Accessory Buildings" states that no detached accessory building/structure shall be located closer than six (6) feet to any interior side lot or rear lot line.

Required rear yard setback: 6 feet

Proposed: 2 feet

Variance: 4 feet

MOTION: THAT IN CASE NUMBER 03-077 TO APPROVE THE PETITIONER’S REQUEST FOR A REAR YARD SETBACK VARIANCE TO ALLOW PLACEMENT OF A CABINET FOR THE CO-LOCATION OF A CELLULAR ANTENNA.

 

OTHER MATTERS

1. Training session – Request to attend a Training Session at Grand Traverse Resort has been denied.

2. Training session – October 22, 2003: The Board Members will contact the Building Dept. regarding their availability for this date.

3. Master Plan Presentation – October 7, 2003 Zoning Board of Appeals meeting: The Planning Dept. would like to meet with the Zoning Board members as part of The Public Outreach for the Master Plan. The Planning Dept. will present to each of the five elected bodies. This would last approximately 30 minutes and would take place before the ZBA meeting at 6:45pm, allowing additional time for questions from the Board.

MEETING ADJOURNED @ 10:23pm