| View Agenda for this meeting View Minutes for this meeting ACTION SUMMARY Roll call Members Present: Brennan, Fischer, Gray and GronachanMembers Absent Excused: Bauer, Canup and Sanghvi Rules of Conduct:
Approval of Agenda – approved as amended Approval of Minutes – December 2, 2003 - approved Public Remarks – none • Chairperson Gronachan welcomed the new member Justin Fischer to the Zoning Board of Appeals. Mr. Fischer is the alternate member on the Board. 1) Case No. 03-107 filed by Brian Kosaian of 150 North Haven Road (Tabled from January 6, 2004 ZBA meeting at the request to have a full board present. Case to be heard at March 2, 2004 ZBA Meeting.) Mr. Kosaian is requesting a 6.04 foot side yard setback variance on the west side of an existing structure located at 150 North Haven Road. Applicant has three (3) contiguous forty (40) foot lots with a total frontage of one hundred-twenty (120) feet and wishes to split the property. Nonconforming lots may have approved split provided; parcels are under single ownership and have a minimum width of sixty (60) feet with a total square foot area of six thousand (6,000) square feet. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a minimum side yard setback of ten (10) feet in an R-4 Zoning District Required minimum side yard setback: 10 .00 Feet Proposed minimum side yard setback 3.96 Feet Variance requested: 6.04 FeetThe applicant is requesting this variance to enable him to split the property. 2) Case No. 03-111 filed by Amen Korean United Methodist Church at 41671 W. Ten Mile Road (Tabled from January 6, 2004 ZBA meeting at the request to have a full board present. Case to be heard at March 2, 2004 ZBA Meeting.) Amen Korean United Methodist Church (which is located at the Novi United Methodist Church building) is requesting one (1) sign variance to erect an additional ground sign to be located at 41671 W. Ten Mile Road. Novi United Methodist Church is located south of Ten Mile Road and west of Meadowbrook 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 second ground sign measuring 8’ by 2’11." 3) Case No. 03-117 filed by Tassos Epicurean Cuisine, Inc. at 25715 Meadowbrook Road (Tabled from January 6, 2004 ZBA meeting) Mr. Bozadzis is requesting five (5) variances for the installation of a thirteen thousand (13,000) gallon liquid nitrogen tank in the rear of the building located at 25715 Meadowbrook Road. Applicant is requesting an attached lattice masonry enclosure for an outdoor storage tank (accessory structure) in excess of 600 gallons to be located within ten (10) feet of the main building. Property is zoned I-1 and is located south of Eleven Mile Road and west of Meadowbrook Road. NOVI CODE OF ORDINANCES: Section 1905, Paragraph 1 (a) states that all uses within the I-1 district shall be conducted wholly within a completely enclosed building. The applicant wishes to install a thirteen thousand (13,000) gallon liquid nitrogen tank outside and adjacent to the rear of the building. Outdoor storage is not permitted. NOVI CODE OF ORDINANCES: Section 2503; Paragraph 1 (D) states that no detached accessory building (structure) shall be located closer than ten (10) feet to any main building… REQUIRED SETBACK FOR ACCESSORY STRUCTURE: 10 FEET PROPOSED SETBACK FOR ACCESSORY STRUCTURE: 3 FEET VARIANCE REQUESTED: 7 FEET NOVI CODE OF ORDINANCES: Section 1905; Paragraph 1(b)(2) states that an outdoor storage tank may be allowed provided the outdoor storage tank does not exceed 600 gallon capacity where outdoor placement is necessary for compliance with Chapter 15 (Fire Prevention) of the Novi Code of Ordinances. PROPOSED CAPACITY OF OUTDOOR STORAGE TANK: 13,000 GALLONS MAXIMUM ALLOWABLE CAPACITY: 600 GALLONS VARIANCE REQUESTED: 12,400 GALLONS NOVI CODE OF ORDINANCES: Section 1905; Paragraph 1 (b)(2) states that all such storage tanks must be enclosed or screened from public view. Such screening shall consist of a wall not less than one foot higher than the height of the storage tank placed therein…. The applicant is requesting to construct a lattice masonry wall instead of a solid masonry wall. NOVI CODE OF ORDINANCES: Section 1905; Paragraph 1 (b)(2) states that all screening material shall consist of masonry, consisting of those materials permitted under the exterior wall material standards contained in Section 2520 (Exterior Building Wall Façade Materials). The applicant is proposing to paint the masonry wall to match the color scheme of the building. Section 2520 (Exterior Building Wall Façade Materials) requires 100% brick. MOTION: WITH RESPECT TO CASE NUMBER 03-117 THAT THE PETITIONER HAS ESTABLISHED THAT COMPLIANCE WITH THE STRICT LETTER OF THE RESTRICTIONS OF THE ORDINANCE WOULD UNREASONABLY PREVENT THE USE OF THE PROPERTY OR BE UNNECESSARILY BURDENSOME. AS REFERENCED TO THE FIVE ITEMS DISCUSSED PREVIOUSLY, MOVE FOR APPROVAL OF ALL VARIANCES AS SUBMITTED. APPROVAL IS BASED ON THE COMPLIANCE TO CHAPTER 32 FOR THE INSTALLATION OF THIS UNIT. IT IS REQUIRED THAT THE FACADE MATERIAL TO THE ENCLOSURE BE CONSISTENT TO THE PRESENT BUILDING. THE FACADE MATERIAL USED WILL BE JOINTLY DECIDED WITH THE PLANNING COMMISSION AND TASSOS. 4) Case No. 03-102 filed by L. Elaine Lafer at 25890 Strath Haven Drive Ms. Lafer is requesting five (5) variances for the construction of a new home located at 25890 Strath Haven Drive., Lot #95, Pioneer Meadows Subdivision. Applicant is requesting a twelve and one half (12’6") foot south side yard setback variance; a two and on half (2’6’) foot north side yard setback variance; an aggregate total side yard setback variance of fifteen (15) feet; a rear yard setback variance of fifteen (15) feet; and a front yard setback variance of five (5) feet. Property is zoned R-A and is located east of Beck Road, south of Eleven Mile Road. CITY OF NOVI, CODE OF ORDINANCE, ARTICLE 24; Section 2400, "Schedule of Regulations: requires a minimum side yard setback of twenty (20) feet, a total side yard setback of fifty (50) feet for both sides, front yard setback requirement of forty five (45) feet and a rear yard setback requirement of fifty (50) feet in a R-A Zoning District. Required minimum side yard setback (north side): 20 feet Proposed minimum side yard setback: 17.5 feet Variance requested: 2.5 feet Required minimum side yard setback (south side): 30 feet Proposed minimum side yard setback: 17.5 feet Variance requested: 12.5 feet Required aggregate total side yards (both sides): 50 feet Proposed aggregate total side yards (both sides): 35 feet Variance requested: 15 feet Required rear yard setback: 50 feet Proposed rear yard setback: 35 feet Variance requested: 15 feet Required minimum front yard setback: 45 feet Proposed minimum front yard setback: 40 feet Variance requested: 5 feet The applicant is requesting to construct a 2,400 square foot one-story home (including the porch and garage) on this property. MOTION: IN THE MATTER OF CASE NUMBER 03-102 MOVE TO GRANT ALL FIVE VARIANCES REQUESTED DUE TO THE LOT SIZE AND CONFIGURATION THAT IT DOES NOT MEET THE CURRENT ZONING AND THAT THIS WILL NOT HAVE ANYMORE OF AN EFFECT ON THE NEIGHBORHOOD THAN THE EXISTING HOUSES ALREADY THERE. 5) Case No. 04-001 filed by Jeffrey Kasper of Planet Neon for Harold’s Frame Shop at 44170 Grand River Avenue Jeffrey Kasper of Planet Neon is requesting three (3) sign variances to erect one sign to be located at 44170 Grand River Avenue. Harold’s Frame Shop is located west of Novi Road on the north side of Grand River Avenue.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (2)a.2. "...ground signs must not exceed five (5) feet in height..." Height Requested: 40 feet Height Permitted: 5 feet Variance requested: 35 feet 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..." CITY OF NOVI, CODE OF ORDINANCES, Section 28-1 (7) states "Definitions"- ground signs are to be supported by a monument – no pole signs permitted. The applicant is requesting to erect a double-faced internally illuminated pole sign with a height of forty (40) feet. MOTION: THAT IN CASE NUMBER 04-001 TO GRANT THE PETITIONER’S REQUEST FOR A SIGN VARIANCE FOR A 30 FOOT POLE SIGN TO PROVIDE BUSINESS RECOGNITION. THIS SIGN WHILE ILLUMINATED DURING THE DAY WILL BE OFF DURING OFF BUSINESS HOURS. THE STIPULATION FOR THE SIGN IS THAT IT IS ON ONLY FROM 7:00 AM TO 7:00 PM. THE PETITIONER IS ALSO AGREEABLE TO REMOVING ALL EXISTING SIGNAGE ON THE BUILDING. 6) Case No. 04-002 filed by Ralph B. Stoy of RBS Companies, Inc at 39659 Orchard Hill Mr. Stoy is requesting a fifty-three (53) foot parking setback variance for the construction of an addition to a parking lot located at 39650 Orchard Hill Place Drive. The proposed parking lot addition is located in the rear yard and adjacent to residential development. Property is zoned OSC and located north of Eight Mile and west of Haggerty Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400 "Schedule of Regulations" footnote ( i ) requires that off street parking shall be setback no less than one hundred (100) feet from a residential development. Required Parking Setback: 100 Feet Proposed Parking Setback: 47 Feet Variance requested: 53 Feet MOTION: WITH RESPECT TO CASE NUMBER 04-002 IT IS MOVED TO APPROVAL OF THE VARIANCE REQUEST DUE TO LOT CONFIGURATION AND THE NEED TO MEET NEW ORDINANCE WITH RESPECT TO PARKING SPACES.
7) Case No. 04-003 filed by Stone City, Inc. at 26940 Taft Road Roger Soulliere is requesting a variance to continue the use of outdoor storage in an I-1 zoning district for the business known as Stone City Incorporated located at 26940 Taft Road. Applicant is requesting a three-year variance similar to previous ZBA Case # 00-082. Property is located north of Grand River and east of Taft Road. CITY OF NOVI, CODE OF ORDINANCES: Section 1905, Paragraph 1a states that all uses within the I-1 District shall be conducted wholly within a completely enclosed building. The applicant is requesting the continued use of outdoor storage for the operation of his business. MOTION: WITH RESPECT TO CASE NUMBER 04-003 THAT THE PETITIONER’S REQUEST FOR THE CONTINUANCE OF OUTSIDE STORAGE BE GRANTED FOR TWO (2) YEARS WITH THE UNDERSTANDING THAT THIS APPROVAL IS SUBJECT TO CONTINUING JURISDICTION BY THE BUILDING DEPARTMENT. 8) Case No. 04-005 filed by Jill E. Porter at 23034 Balcombe Street Mrs. Porter is requesting a variance for the construction of an addition to an existing home located at 23034 Balcombe Street, Lot #48, Meadowbrook Lake Subdivision. Applicant is requesting a 3.4 foot variance from the requirement that the residence be ten (10) feet from an in ground pool (accessory use). Property is zoned R-4 and is located west of Meadowbrook Road, north of Nine Mile Road. CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 1D, states, "Accessory Uses: "No detached accessory building shall be located closer than ten (10) feet to any main building…" Property is zoned R-4. Required minimum separation distance 10 feet Proposed minimum separation distance 6.6 feet Variance requested: 3.4 feet The applicant is requesting to construct an addition to an existing home that measures 4.2 feet by 10.8 feet with a total of 45.36 square footage. MOTION: THAT IN MATTER OF CASE O4-005 MOVE TO APPROVE THE VARIANCE REQUESTED BECAUSE THERE IS NO NEGATIVE IMPACT ON THE NEIGHBORS OR THE SUBDIVISION. 9) Case No. 04-006 filed by George C. Ross Signature Associates for Real Estate Sign at 28331 Haggerty Road. George C. Ross of Signature Associates is requesting two (2) sign variances to maintain an oversized real estate sign at the site of five (5) acres located at 28331 Haggerty. This property is west of Haggerty and north of Twelve Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Residential business sale, rental or lease sign shall be 6 (six) area square feet..." Requested : 16 square feet Permitted: 6 square feet Variance requested: 10 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 8 feet Permitted: 5 feet Variance request: 3 feet MOTION: WITH RESPECT TO CASE NUMBER 04-006 THAT THE PETITIONER’S REQUEST FOR THIS PARTICULAR SIGN (WHICH IS ALREADY ERECTED) BE APPROVED FOR THE PURPOSE OF SITE IDENTIFICATION KNOWING THAT THE EXISTING BUILDING IS COMING DOWN AND IS SELLABLE AS A VACANT LOT. OTHER MATTERS: 1) Case Number ZBA 03-116 - Meadowbrook Corporate Park Don Saven discussed the motion and variance approved for Case Number 03-116 for Meadowbrook Corporate Park at the January 6, 2004 meeting of the ZBA. A time limit was not included in the motion. The Board made and passed the motion to reconsider the time issue for this case at the March 2, 2004 ZBA meeting after reviewing the minutes of the January meeting. It shall be discussed under Other Matters. 2) Mock up sign exception Don Saven requested the Board’s opinion of how to handle requests for waiving the required mock-up signs when safety is a factor. The members commented that they felt comfortable with the decision to make an exception to the mock-up sign policy decided jointly between the Chairperson and Don Saven. 3) Novi Expo mock up sign Don Saven presented the issue of the mock up signs for the two (2) proposed signs for Novi Expo. This case will be presented at the March 2, 2004 meeting. The Board made the decision that two (2) wood frames outlining the size of the proposed signs would be required. They also requested that on the one sign outline that a helium balloon be attached to each corner. These visual aids are to be situated at the proposed site of the new Novi Expo. Meeting adjourned at 9:10 p.m.
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