| View Action Summary for this meeting View Minutes for this meeting REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF
NOVI Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd. Roll call Members Bauer, Brennan, Canup, Fischer, Gronachan, Ruyle and Sanghvi Rules of Conduct:
Approval of Agenda Executive Session – Discussion of an attorney-client privileged communication Approval of Minutes – August 10, 2004 Public Remarks 1. Case No. 04-075 filed by Mr.Steve O’Guin of Westwind Companies, LLC for new construction at 25910 Strath Haven Drive, Lot 96 in Pioneer Meadows Subdivision
Mr. O’Guin is requesting four (4) variances for the construction of a new home located at 25910 Strath Haven Drive, Lot 96, in Pioneer Meadows Subdivision. Applicant is requesting a five (5) foot front yard setback variance, a nine (9) foot rear yard variance, a 2.83 foot south side yard setback variance and an aggregate setback variance of 2.83 feet for both sides. Property is zoned R-A and is located east of Beck Road and south of Eleven Mile Road. CITY OF NOVI, CODE OF ORDINANCES: Article 24; Section 2400 "Schedule of Regulations" requires a minimum front yard setback of forty-five (45) feet, a minimum rear yard setback of fifty (50) feet, and a minimum aggregate total of both side yards of fifty (50) feet with a minimum of one side yard setback of twenty (20) feet.
Required front yard setback 45 feet Proposed front yard setback 40 feet Variance Requested 5 feet Required rear yard setback 50 feet Proposed rear yard setback 41 feet Variance Requested 9 feet Required side yard setback (south) 30 feet Proposed side yard setback (south) 27.17 feet Variance Requested 2.83 feet Required combined total side yard 50 feet Proposed combined total side yards 47.17 feet Variance Requested 2.83 feet
2. Case No. 04-057 filed by Christopher Cagle for Glenda’s Market at 40575 Grand River Avenue. Case 04-057 was tabled by the applicant for the July 6, 2004 ZBA meeting. Case was tabled by the Board at the August 10th ZBA meeting following a case presentation. Case tabled to the October 5, 2004 ZBA meeting. Mr. Cagle is requesting one (1) variance to allow outdoor storage of landscape material on a vacant parcel of land west of 40575 Grand River Avenue, Sidwell 5022-24-301-011. Property is zoned OS-1 and located east of Meadowbrook Road and south of Grand River Avenue. CITY OF NOVI, CODE OF ORDINANCES, Section 1101, "Principal Uses Permitted" prohibits outdoor storage in an OS-1 Zoning District. Applicant is requesting the storage of landscape materials on the abutting leased property in an OS-1 Zoning District.
3. Case No.04-073 Case No. 04-073 filed by John and Linda Anderson for residence at 1361 East Lake Drive Case No. 04-073 was tabled by the request of applicant from the August 10, 2004 ZBA meeting. Case tabled to the October 5, 2004 ZBA meeting. Mr. & Mrs. Anderson are requesting five (5) variances for the construction of an addition to an existing building located at 1361 East Lake Drive. Applicant is requesting a ten (10) foot side yard setback variance on the south side, a ten (10) foot variance for the aggregate total of both side yards, an eleven (11%) percent lot coverage variance, a variance to allow two (2) additional accessory structures on the property and reconstruction of a non conforming structure in excess of sixty (60) percent of its replacement cost. Property is located east of East Lake Drive between Thirteen and Fourteen Mile Road and is Zoned R-4. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with an aggregate total of two sides being twenty-five (25) feet and a maximum lot coverage of twenty-five (25) percent. REQUIRED SIDE YARD SETBACK (SOUTH SIDE) 15 FEET PROPOSED SIDE YARD SETBACK (SOUTH SIDE) 5 FEET VARIANCE REQUESTED 10 FEET REQUIRED MINIMUM AGGREGATE OF TWO SIDE YARDS 25 FEET PROPOSED MINIMUM AGGREGATE OF TWO SIDE YARDS 15 FEET VARIANCE REQUESTED 10 FEET PROPOSED LOT COVERAGE (HOME + ACC. STRUCTURE) 36 % MAXIMUM LOT COVERAGE 25 % VARIANCE REQUESTED 11 % NOVI CODE OF ORDINANCES: Section 2503, Paragraph 1G "Accessory Building", states that not more than one (1) detached accessory building shall be permitted on any lot having less than 21,780 square feet of area. TOTAL ACCESSORY STRUCTURES ON THE PROPERTY 3 TOTAL ACCESSORY STRUCTURES ALLOWABLE 1 VARIANCE REQUESTED 2 NOVI CODE OF ORDINANCES: Section 2502, Paragraph 4B states that should any structure be destroyed by any means to an extent of more than sixty (60) percent of its replacement costs, exclusive of foundation, it shall be reconstructed only in conformity with the provisions of this Ordinance, except that reconstruction on the existing foundation or footings shall be permitted, provided reconstruction is commenced within six (6) months from the date of such damage. Applicant has performed work in excess of normal repairs and such work has been determined to exceed the sixty (60) percent replacement costs exclusive of foundations.
4. Case No. 04-079 filed by Michael Versaci for the Baja Fresh Mexican Grill restaurant at 43271 Crescent Blvd in the Novi Town Center. Mr. Versaci is requesting a three (3) year temporary use approval to allow outdoor dining at the Baja Fresh Mexican Grill located at 43271 Crescent Blvd, Novi Town Center. Applicant is requesting seven (7) tables and twenty-two (22) seats to be placed under the existing roof overhang. (Applicant received an approval for one (1) year pursuant to TUP 03-024 with an expiration date of September 22, 2004.) NOVI CODE OF ORDINANCES: SECTION 3104; Jurisdiction, states that 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. Applicant is requesting a three (3) year temporary use approval to allow outdoor dining at the Baja Fresh Mexican Grill located at 43271 Crescent Blvd., Novi Town Center.
5. Case No. 04-080 filed by Robby Ash of NorthStar Signs, Inc. for Cushman & Wakefield Real Estate sign at 41180 Bridge Street Applicant requested to table case to the October 5, 2004 ZBA meeting Mr. Ash of NorthStar Signs, Inc. is requesting one (1) sign variance to erect a ground real estate sign for Cushman & Wakefield. The sign is to be located at 41180 Bridge Street east of Meadowbrook Road, south of I-96 and north of Grand River Avenue. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..." Requested : 32 square feet Permitted: 6 square feet Variance needed: 26 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 6 feet Permitted: 5 feet Variance needed: 1 feet
6. Case No. 04-081 filed by Lance Hardins of Toll Brothers, Inc. for Island Lake Development Mr. Hardins is requesting eleven (11) sign variances for the eleven (11) ground signs erected in the Island lake Development located north of Ten Mile Road and Wixom Road. Sign 1 located at lot 145 in the Ravines East development east of Wixom Road at Samoset C. and Braeburn CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..." Requested : 28 square feet Permitted: 6 square feet Variance needed: 22 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 9 feet Permitted: 5 feet Variance needed: 4 feet Sign 2 located at unit 66 Reeds Pointe And Drakes Bay Drive CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..."
Requested : 24 square feet Permitted: 6 square feet Variance needed: 18 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 9 feet Permitted: 5 feet Variance needed: 4 feet Sign 3 located at Drakes Bay Drive west of Wixom Road CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..." Requested : 42 square feet Permitted: 6 square feet Variance needed: 36 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 9 feet Permitted: 5 feet Variance needed: 4 feet Sign 4 located at northwest corner of Ten Mile And Wixom Roads CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(4) states: "Temporary residential business sale, rental or lease sign shall be 16 (six) area square feet..." Requested : 20 square feet Permitted: 16 square feet Variance needed: 4 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (4) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 7 feet Permitted: 5 feet Variance needed: 2 feet Sign 5 located at lot # 232 Terra Del Mar CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..." Requested : 28 square feet Permitted: 6 square feet Variance needed: 22 square feet
CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 9 feet Permitted: 5 feet Variance needed: 4 feet Sign 6 located at lot # 233 Terra Del Mar CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..." Requested : 20 square feet Permitted: 6 square feet Variance needed: 14 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 8 feet Permitted: 5 feet Variance needed: 3 feet Sign 7 located at lot # 280 Terra Del Mar CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..." Requested : 18 square feet Permitted: 6 square feet Variance needed: 12 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 8 feet Permitted: 5 feet Variance needed: 3 feet Sign 8 located at entrance to Island Clubhouse on Drakes Bay Drive CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..." Requested : 80 square feet Permitted: 6 square feet Variance needed: 74 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 10 feet Permitted: 5 feet Variance needed: 5 feet Sign 9 located at lot 33 on Drakes Bay Drive (north of Island clubhouse) CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..." Requested : 20 square feet Permitted: 6 square feet Variance needed: 14 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 7 feet Permitted: 5 feet Variance needed: 2 feet Sign 10 located at lot # 282 on corner of Terra Del Mar and Drakes Bay Drive CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..." Requested : 28 square feet Permitted: 6 square feet Variance needed: 22 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 9 feet Permitted: 5 feet Variance needed: 4 feet Sign 11 located at lot 195 at corner of Chesapeake Drive and Drakes Bay Drive CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..." Requested : 20 square feet Permitted: 6 square feet Variance needed: 14 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 7 feet Permitted: 5 feet Variance needed: 2 feet
7. Case No. 04-083 filed by Nick Miller for Sam’s Club in the Promenade Shopping Center Mr. Miller is requesting three (3) variances for the construction of Sam’s Club located in the Novi Promenade Shopping Center on the south side of Grand River and east of Wixom Road. Applicant is requesting a thirty (30) foot interior (south) side setback variance, a twenty (20) foot parking setback variance along the westerly property line at Outlot 1 and a variance to allow overhead doors to face a major thoroughfare (Grand River Avenue). Property is zoned I-1 and covered by a Consent Judgment with B-2 and B-3 zoning. NOVI CODE OF ORDINANCES: Article 24; Section 2400, "Schedule of Regulations" requires a minimum thirty (30) foot building side yard setback and a twenty (20) foot front parking setback for the property in a B-2 zoning district. REQUIRED SIDE YARD SETBACK (SOUTH SIDE) 30 FEET PROPOSED SIDE YARD SETBACK 0 FEET VARIANCE REQUESTED 30 FEET REQUIRED PARKING SETBACK (FRONT) 20 FEET PROPOSED PARKING SETBACK (FRONT) 0 FEET VARIANCE REQUESTED 20 FEET NOVI CODE OF ORDINANCES: Section 1403.7 states that no truck well, loading dock, overhead door or other type of service bay door shall face a major thoroughfare, nor an abutting residential district. Applicants T.L.E. overhead doors face Grand River Avenue.
8. Case No. 04-084 filed filed by James Tessen for Standard Federal Bank for Signage by I-96 at the new Novi Expo Mr. Tesen of Standard Federal Bank is requesting one sign variance to allow the placement of a marketing ground sign for Standard Federal Bank measuring 16 feet by 8 feet (128 square feet) with a height of 16 feet. The proposed sign is to be placed on the south side of I-96 (between Beck Road exit and the Novi Road exit) next to the Clayco trailer on the property of the new Novi Exposition. CITY OF NOVI, CODE OF ORDINANCES, Section 28-11 (1)states: "Prohibited signs" a sign not expressly permitted is prohibited. Applicant is requesting to allow placement of a marketing ground sign for Standard Federal Bank.
9. Case No. 04-086 filed by Cheryl Murphy, homeowner, 22798 Shadow Pine Way in the Village Oaks Subdivision Mrs. Murphy is requesting an eight (8) foot exterior side yard variance for the construction of a first floor addition to the home located at 22798 Shadow Pine Way. Property is a corner lot zoned R-4 and located north of Nine Mile Road and east of Meadowbrook Road in the Village Oaks Subdivision.
NOVI CODE OF ORDINANCES: Article 24; Section 2400, "Schedule of Regulations" require a minimum of thirty (30) feet for an exterior side yard in an R-4 zoning district. REQUIRED EXTERIOR SIDE YARD 30 FEET PROPOSED EXTERIOR SIDE YARD 22 FEET VARIANCE REQUESTED 8 FEET
10. Case No. 04-088 filed by Tom Harvey, homeowner, 1603 West Lake Drive Mr. Harvey is requesting five (5) variances to allow construction of an addition to an existing home located at 1603 West Lake Drive. Applicant is requesting a twenty-nine (29) foot front yard setback variance, an eleven (11) foot rear yard setback variance, a 13.4 foot side yard setback variance with a 13.4 foot variance for the combined total of both side yards and a one-half story variance to building height. Property is zoned R-4 and located east of West Park Drive and South of Pontiac Trail. NOVI CODE OF ORDINANCES: Article 24; Section 2400 "Schedule of Regulations" requires a minimum of a thirty (30) foot front yard setback, a thirty-five (35) foot rear yard setback, a twenty-five (25) foot combined total of both side yards with a minimum ten (10) foot side yard and maximum building height of 2 ˝ stories or 35 feet. REQUIRED FRONT YARD SETBACK 30 FEET PROPOSED FRONT YARD SETBACK 1 FOOT VARIANCE REQUESTED 29 FEET REQUIRED REAR YARD SETBACK 35 FEET PROPOSED REAR YARD SETBACK 24 FEET VARIANCE REQUESTED 11 FEET REQUIRED SIDE YARD SETBACK 14.9 FEET PROPOSED SIDE YARD SETBACK 1.5 FEET VARIANCE REQUESTED 13.4 FEET REQUIRED TOTAL SIDE YARDS (BOTH SIDES) 25 FEET PROPOSED TOTAL SIDE YARDS 11.6 FEET VARIANCE REQUIRED 13.4 FEET PROPOSED STORY HEIGHT 3 STORIES MAXIMUM REQUIRED STORY HEIGHT 2 ˝ STORIES VARIANCE REQUIRED ˝ STORY 11. Case No. 04-089 filed by Phil Smyka for the Pet Resort proposed for 46871 Grand River Avenue and lot east and south Case No 04-089 is tabled to the October 5, 2004 ZBA meeting Mr. Smyka is requesting a use variance or favorable interpretation to allow a Veterinary Hospital, Day Care and Pet Resort to be placed in an I-1 Light Industrial District located on the south side of Grand River Avenue and west of Heyn Drive.
New construction proposed to be located in a combination of the following three sites: 46871 Grand River Avenue 5022-16-151-004 – existing building to be removed. Vacant property #5022-16-151-005 East of above site – approximately west eighty (80) feet. Vacant property #5022-16-300-018 south of the above two sites – the NW corner of parcel. The 116.60 feet of the north portion of this parcel abuts IOS-1, abuts Asbury Park subdivision on the south, abuts Central Park Estate apartments on the west (below the initial 116.60 feet). NOVI CODE OF ORDINANCES: 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 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 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. Applicant is a requesting a use variance or favorable interpretation to allow a Veterinary Hospital, Day Care and Pet Resort in a location within an I-1 District.
12. Case No. 04-090 filed by Tom Sutherland, homeowner, 30478 Pennington Lane in the Bristol Corners North subdivision Mr. Sutherland is requesting a three (3) foot rear yard setback variance for the construction of a screened porch located at 30478 Pennington Lane. Property is zoned R-4 and located north of South Lake Drive and east of West Park Drive in the Bristol Corners North subdivision. NOVI CODE OF ORDINANCES: Article 24; Section 2400, "Schedule of Regulations" requires a minimum rear yard setback variance of thirty-five (35) feet in an R-4 zoning district. REQUIRED REAR YARD SETBACK 35 FEET PROPOSED REAR YARD SETBACK 32 FEET VARIANCE REQUIRED 3 FEET
13. Case No. 04-091filed by Sean McGreevey of Signs and Services Company representing Option One Mortgage at 21333 Haggerty Road Mr. McGreevey of Signs and Services Company representing Option One Mortgage is requesting a sign variance to erect a ground sign at 21333 Haggerty Road between Eight and Nine Mile Road. ZBA Case No. 94-116 – Approved variance of ninety six (96) square foot wall sign for this property. CITY OF NOVI, CODE OF ORDINANCES, 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 ground sign measuring 6 feet by 3 feet (18 area square feet) and height of 4’ 5" to read "Option One Mortgage Corporation."
14. Case No. 04-094 filed by Matt Fill of Oscar W. Larson Company representing Sunoco Gas Station at 43601 Grand River Avenue Mr. Fill of Oscar W. Larson Company representing Sunoco Gas Station is requesting two (2) sign variances to erect a monument sign at 43601 Grand River Avenue west of Novi Road and east of Flint Road CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2) a.3 states "….Placement along all other roadway may be not nearer than fifteen (15) feet from the right of way line…" Proposed side yard setback 20 feet Required setback 15 feet Variance needed: 5 feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2) a.2 ii states: All other ground signs shall not exceed a height of five (5) feet. Proposed Height 6 feet Required Height 5 feet Variance needed: 1 foot
15. Case No. 04-096 filed by Ron Nuechterlein of Superior Diversified Services Corp for Novi Site at 26203 Novi Road Mr. Nuechterlein of Superior Diversified Services Corp. is requesting five (5) variances for the construction of a new building located at 26203 Novi Road known as "Novi Site". Applicant is requesting two (2) side yard parking lot setback variances of fifteen (15) feet on the north side and twenty (20) feet on the south side, a four hundred seventy-eight (478) square foot interior parking lot landscape variance, a four (4) foot green space variance on the south side of the building and a variance to eliminate the loading zone. Property is Zoned TC and is located west of Novi Road, north of Grand River Avenue and south of I-96 Expressway. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400 "Schedule of Regulations" requires a minimum side yard parking setback of twenty (20) feet in a TC Zoning District. REQUIRED SIDE YARD PARKING SETBACK (NORTH SIDE) 20 FEET PROPOSED SIDE YARD PARKING SETBACK 5 FEET VARIANCE REQUESTED 15 FEET REQUIRED SIDE YARD PARKING SETBACK (SOUTH SIDE) 20 FEET PROPOSED SIDE YARD PARKING SETBACK 0 FEET VARIANCE REQUESTED 20 FEET NOVI CODE OF ORDINANCES: SECTION 2507.2, states that loading and unloading space shall be provided in the rear yard at a ratio of ten (10) square feet for each front foot of building; except in the case of a double frontage lot, loading-unloading, as well as trash receptacles may be located in an interior side yard beyond the minimum side yard setback requirement of the district. Applicant is requesting to eliminate the loading zone for the building. NOVI CODE OF ORDINANCES: SECTION 2509.8b (1) "Parking Area Landscape Requirements" requires that in a TC District there shall be one (1) square foot of interior landscape island for each ten (10) square feet of parking space. REQUIRED INTERIOR PARKING LOT LANDSCAPING 720 SQUARE FEET PROPOSED INTERIOR PARKING LOT LANDSCAPING 242 SQUARE FEET VARIANCE REQUESTED 478 SQUARE FEET NOVI CODE OF ORDINANCES: SECTION 2509.9 "Interior Landscape Requirements" requires that there shall be a minimum of four (4) feet width green space immediately adjacent to the building on all four sides. Applicant requests relief from the interior landscape requirements for the south side of the building.
OTHER MATTERS Zoning Board of Appeals Calendar for 2005 a. July and September dates to Tuesday after holiday or following Tuesday
|