| View Agenda for this meeting View Minutes for this meeting ACTION SUMMARY Tuesday, April 6, 2004 – 7:30 p.m. Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd. Roll call Members Present: Bauer, Brennan, Canup, Fischer, Gray, Gronachan, and Sanghvi Rules of Conduct:
Approval of Agenda - approved Approval of Minutes – February 3, 2004 - approved Public Remarks - none 1) Case No. 03-107 filed by Brian Kosaian for 150 North Haven Road (Tabled from January 6, 2004 ZBA meeting at the request to have a full board present.) 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 Feet The applicant is requesting this variance to enable him to split the property. MOTION: WITH RESPECT TO CASE NUMBER 03-107 IT IS MOVED FOR APPROVAL OF THE PETITIONER’S REQUEST INCORPORATING HIS NEIGHBOR’S REQUIREMENTS AND ALSO INSURING THAT THERE IS A 20 FEET SEPARATION BETWEEN THE TWO BUILDINGS. THIS MOTION IS MADE BECAUSE THE PETITIONER HAS ESTABLISHED THAT COMPLIANCE WITH THE STRICT LETTER OF THE RESTRICTIONS OF THE ORDINANCE WOULD UNREASONABLY PREVENT THE USE OF THE PROPERTY 2) Case No. 04-009 filed by Blair Bowman of TBON, LLC. for the Proposed Exposition, Convention and Conference Center Mr. Bowman is requesting five (5) sign variances to erect two (2) signs. The proposed Expo Center is to be located north of Grand River between Taft and Beck Roads. Sign 1 – to be located on the north side of Grand River at the proposed entrance drive CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (2)a.1.i . "Area" "…ground signs shall not exceed one (1) square foot for each two (2) feet the sign is setback…with a maximum area of one hundred (100) square feet." Requested: 181.5 square feet Permitted: 38 square feet permitted per 76 feet of setback from centerline of Grand River Variance needed: 143.5 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (2)a.2.ii. "Height" "…ground signs shall not exceed a height of five (5) feet…" Requested: 11 feet Permitted: 5 feet Variance needed: 6 feet The applicant is requesting to erect a double-faced illuminated ground sign with an area of 181.5 square feet and a height of 11 feet. The sign will have double-faced illuminated channel letters and message center. Sign 2 – located on the south side of I-96 Expressway between Taft and Beck Roads CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (2)a.1.i . "Area" "…ground signs shall not exceed one (1) square foot for each two (2) feet the sign is setback…with a maximum area of one hundred (100) square feet." Requested: 733 square feet Permitted: 75 square feet permitted per 150 feet of setback from center line of I-96 Expressway Variance needed: 658 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (2)a.2.ii. "Height" "…ground signs shall not exceed a height of five (5) feet…" Requested: 50 feet Permitted: 5 feet Variance needed: 45 feet The applicant is requesting to erect a double-faced illuminated pylon sign with an area of 733 square feet and a height of 50 feet. The sign will have double-faced illuminated channel letters, message center and sponsor cabinets.
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 to erect two (2) double-faced illuminated ground signs as presented. MOTION: IN THE MATTER OF CASE NUMBER 04-009 THAT THE PETITIONER’S REQUEST BE GRANTED ON THE GROUNDS AND THE HARDSHIPS AS DEFINED IN THE PRESENTATION.
3) Case 04-019 filed by Blair Bowman of TBON, LLC for the Proposed Exposition, Convention and Conference Center Mr. Bowman is requesting a variance to allow loading and unloading to be located within an exterior side yard for the property known as the Exposition Convention and Conference Center located on parcels of land identified as sidwell #s 50-22-16-251-002, 006, 009, 011, 012, 013, 014, 015, 016, 018, & 019. Property is located north of Grand River between Taft and Beck Road. NOVI CODE OF ORDINANCES; SECTION 2507, Paragraph 3 states, within any I Industrial District, EXPO Exposition District, or EXPO Exposition Overlay District, all loading and unloading operations shall be conducted within a rear yard… Applicant is proposing a loading and unloading area within an exterior side yard. A variance is being requested for the location behind the conference and banquet hall area in the northeast portion of the building. MOTION: WITH RESPECT TO CASE NUMBER 04-019 THE PETITIONER’S REQUEST BE GRANTED AS IT IS AN IDEAL LOCATION FOR THIS AND IS WITHIN THE SPIRIT OF THE ORDINANCE.
4) Case No. 04-016 filed by Brian Hughes of Northern Equities for 28001 Cabot Drive Mr. Hughes is requesting one (1) sign variance for the placement of an additional wall sign at 28001 Cabot Drive which is located between 12 Mile and 13 Mile Road west of Haggerty. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) "…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 additional 40 square foot wall sign. MOTION: IN CASE NUMBER 04-016 THE APPLICANT’S REQUEST BE GRANTED FOR BUSINESS IDENTIFICATION.
5) Case No. 04-017 filed by Brian Hughes of Northern Equities for Lewis Medical Office Centre at Haggerty Road and Lewis DriveMr. Hughes is requesting two (2) sign variances for a real estate sign to be allowed to remain at the corner of Haggerty Road and Lewis Drive until the building permit is granted.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (4) Real estate signs on vacant property. Requested 32 square feet Permitted 16 square feet Variance needed 16 square feet Requested height 8 feet Permitted height 5 feet Variance needed 3 feet MOTION: IN CASE NUMBER 04-017 IT IS MOVED TO GRANT THE VARIANCE AS REQUESTED DUE TO THE TESTIMONY GIVEN BY THE APPLICANT WITH THE TIME PERIOD OF ONE YEAR. 6) Case No. 04-018 - filed by Robert J. Halso for Terra Libra LLC for the proposed project of The Preserve Mr. Halso is requesting two (2) lot width variance requirements for Lots # 14 & 15 in "The Preserve" a single family site condominium project reviewed as a RUD Residential Unit Development. Property is located in Section 30, on the north side of Nine Mile Road and East of Napier Road. Lot # 14 falls under the standard for the R-A district and Lot #15 falls under the standard for the R-1 district. (Note minimum lot width required for Lot 14 ((90% of 150 feet)) is 135 feet and the minimum lot width for Lot 15 ((90% of 120 feet)) is 108 feet.) NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400 "Schedule of Regulations", Footnote (a)(1) states: ….lot width shall be measured between two points where the front setback line intersects the side lot lines. Within the Residential Districts where a main building is placed behind the front setback line, the distance between the side lot lines shall not be reduced below ninety (90) percent of the required minimum lot width at any point between the front setback line and such main building… LOT 14 PROPOSED FRONT SETBACK FOR LOT WIDTH 157 FEET MINIMUM FRONT SETBACK FOR LOT WIDTH 45 FEET VARIANCE REQUEST FOR DETERMINATION OF LOT WIDTH 112 FEET LOT 15 PROPOSED FRONT SETBACK FOR LOT WIDTH 150 FEET MINIMUM FRONT SETBACK FOR LOT WIDTH 35 FEET VARIANCE REQUEST FOR DETERMINATION OF LOT WIDTH 115 FEET MOTION: IN THE MATTER OF CASE NUMBER 04-018 MOVE TO APPROVE THE VARIANCES REQUESTED DUE TO THE UNIQUE LOT CONFIGURATION AND ALSO THE APPLICANT’S DESIRE TO PRESERVE THE NATURAL FEATURES FOUND THEREON.
7) Case No. 04-020 filed by Mr. John Fricke of Signature Associates for the Existing Novi Expo Mr. Fricke of Signature Associates is requesting two (2) sign variances to erect one oversized real estate sign at the site of the present Novi Expo Center located at 43700 Expo Center Drive located west of Novi Road and north of Grand River just south of I-96 Expressway. 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: 64 square feet Permitted: 6 square feet Variance: 58 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: 12 feet Permitted: 5 feet Variance: 7 feet MOTION: WITH RESPECT TO CASE NUMBER 04-020 IT IS MOVED THAT THE PETITIONER’S REQUEST FOR THIS ADVERTISING SIGN BE APPROVED FOR THE PURPOSE OF LEASING THE BUILDING. THE TIME FRAME WILL BE FOR 18 MONTHS OR UPON LEASING WHICHEVER OCCURS FIRST.
8) Case No. 04-021 filed by Ron Boshaw of Toll Brothers of Island Lake Development Mr. Boshaw is requesting two (2) setback variances for the construction of a waterfront park and a boat launch located in Island Lake of Novi (Phase 5A), Section 19, east of Napier Road between Ten and Eleven Mile Road. Applicant is requesting a side yard setback variance of twenty-five (25) feet and a rear yard setback variance of sixty-four (64) feet. Property is in a RA District under an RUD Agreement. NOVI CODE OF ORDINANCES: Section 402.5.b states that private noncommercial recreation areas...requires that front, side and rear yards shall be at least eighty (80) feet wide and shall be landscaped in trees, shrubs and grass. REQUIRED SIDE YARD SETBACK 80 FEET PROPOSED SIDE YARD SETBACK 55 FEET VARIANCE REQUIRED 25 FEET REQUIRED REAR YARD SETBACK 80 FEET PROPOSED REAR YARD SETBACK 16 FEET VARIANCE REQUIRED 64 FEET MOTION: IN CASE NUMBER 04-021 THE PETITIONER’S REQUEST BE GRANTED BASED ON THE HARDSHIPS AS PRESENTED BY MR. JASON RICKARD. THE LOT ADJACENT TO THE EAST WILL NOT BE SOLD UNTIL THE COMPLETE LAUNCH AREA IS PRESENTED INCLUDING LANDSCAPING. MR. RICKARD ACCEPTED THE CONDITION OF THE MOTION.
9) Case No. 04-022 filed by Mr. Marlin Wroubel of Collier International for Meadowbrook Corporate Park Mr. Wroubel is requesting one (1) sign variance for an extension of the Colliers International construction identification sign to remain at 26800 Meadowbrook Road in the Meadowbrook Corporate Park. MOTION: WITH RESPECT TO CASE NUMBER 04-022 IT IS MOVED FOR APPROVAL FOR AN EXTENSION OF AN ADDITIONAL YEAR FOR THE SIGN FOR THE PURPOSE OF LEASE OUT.
10) Case No. 04-023 filed by Brent Beshears for 1395 East Lake Drive Mr. Beshears is requesting three (3) variances for the expansion of an attached garage to the property at 1395 East Lake Drive. Applicant is requesting a rear yard setback variance of 22.5 feet, a maximum lot coverage variance of two percent (2%) and a variance for the sum total square foot of all accessory structures on the property at 302.5 square feet. Property is zoned R-4 and located north of Thirteen Mile and east of Old Novi Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum rear yard setback of twenty-two and one half (22.5) feet and a maximum lot coverage of twenty-five percent (25%) in a R-4 Zoning District. REQUIRED REAR YARD SETBACK VARIANCE 35 FEET PROPOSED REAR YARD SETBACK VARIANCE 12.5 FEET VARIANCE REQUESTED 22.5 FEET PROPOSED LOT COVERAGE BY ALL BUILDINGS 27 % (PERCENT) MAXIMUM LOT COVERAGE BY ALL BUILDINGS (ALLOWED) 25 % (PERCENT) VARIANCE REQUESTED 2 % (PERCENT) NOVI CODE OF ORDINANCES: Section 2503, Paragraph 1 (G) states that the maximum total square foot of all accessory structures in an R-4 Zoning District shall not exceed 850 square feet. PROPOSED SQUARE FOOT OF ALL ACCESSORY STRUCTURES 1,152.5 SQUARE FEET MAXIMUM SQUARE FOOT ALLOWABLE 850 SQUARE FEET VARIANCE REQUESTED 302.5 SQUARE FEET CASE TABLED TO MAY 4, 2004 MEETING
11) Case No. 04-024 filed Howard Friedlaender of HEFCO Properties proposed Meadowbrook Office Building Mr. Friedlaender is requesting two (2) variances to the landscape standards for the construction of the project known as Meadowbrook Office Building. Applicant is requesting one variance for the elimination of the required berm (or wall) along a portion of Twelve Mile and Meadowbrook Roads. The second variance is for the reduction in the amount of 1554 Square Feet of required interior parking area landscape. Subject property is 4.68 acres located in Section 14 on the southwest corner of Twelve Mile and Meadowbrook Road in the OST Zoning District. NOVI CODE OF ORDINANCES: Section 2509, Paragraph (7) "Landscape Planting Buffers Abutting the Right of Way" requires that a landscape buffer and berm be provided where the property is abutting a right of way. Applicant is requesting for the elimination of the required berm (or wall) along a portion of Twelve Mile and Meadowbrook Roads. NOVI CODE OF ORDINANCES: Section 2509, Paragraph (8)(b) states that there shall be one (1) square foot of interior landscaped island for each ten (10) square foot of parking space. REQUIRED LANDSCAPE FOR INTERIOR PARKING SPACE 5,588 SQUARE FEET PROPOSED LANDSCAPE FOR INTERIOR PARKING SPACE 4,034 SQUARE FEET VARIANCE REQUESTED 1,554 SQUARE FEET MOTION: IN THE MATTER OF CASE NUMBER 04-024 MOVE TO APPROVE THE VARIANCES REQUESTED BASED ON CONVERSATION HELD AT THE TABLE DUE TO THE FACT THAT REQUIREMENTS FOR A BERM AND WALL ARE NOT PRESENT IN THIS APPLICATION TO THE NORTH AND TO THE EAST AND THAT THE INTERIOR LANDSCAPING BE WAIVED DUE TO FUTURE RIGHT-OF-WAY REQUIREMENTS IMPOSED BY THE CITY. THIS MOTION INCLUDES THE DISCUSSION ABOUT THE BERM AND LANDSCAPING AS IT RELATES TO THE CONCERNS OF THE ADJOINING RESIDENT.
12) Case No. 04-025 filed by Daniel Heileman of Heileman Signs for Varsity Lincoln Mercury Ford Dealership Signage Mr. Heileman is requesting one (1) sign variance to permit the installation of an illuminated replacement "service" sign of 10.5 square feet. Varsity Lincoln Mercury Ford Dealership is located at 49251 Grand River Avenue on the southeast corner of Wixom and Grand River. The current service sign was approved under ZBA #94-035 for a maximum area of 8 square feet. The current sign is not illuminated. The applicant is requesting a replacement sign area of an additional 2.5 square feet. MOTION: WITH RESPECT TO CASE NUMBER 04-025 THAT THE PETITIONER’S REQUEST FOR THIS SIGN VARIANCE BE GRANTED FOR THE PURPOSE OF IDENTIFYING THE SERVICE FUNCTION OF HIS FACILITY. 13) Case No. 04-026 filed by Gordon Wilson for 1322 East Lake Drive Mr. Wilson is requesting six (6) variances for the construction of a new home on an existing foundation at 1322 East Lake Drive. Applicant is requesting: a rear yard variance of seven foot six inches (7’6"), a front yard setback variance of twenty-one (21) feet, a north side yard setback variance of eight foot one inch (8’1"), a south side yard setback variance of seven foot two inches (7’2"), a total aggregate side yard setback variance of fifteen foot three inches (15’3") and a 20.5 % lot coverage variance. Property is zoned R-4 and located east of Old Novi Road and north of Thirteen Mile Road.
NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require; a thirty (30) foot front yard setback, a thirty-five (35) foot rear yard setback, a ten (10) foot minimum side yard setback with an aggregate total of both sides being twenty-five (25) feet and a maximum lot coverage of 25% in an R-4 zoning district. REQUIRED FRONT YARD SETBACK 30 FEET PROPOSED FRONT YARD SETBACK 9 FEET VARIANCE REQUESTED 21 FEET REQUIRED REAR YARD SETBACK 35 FEET PROPOSED REAR YARD SETBACK 27.5 FEET VARIANCE REQUESTED 7.5 FEET MINIMUM REQUIRED SIDE YARD SETBACK (NORTH SIDE) 10 FEET MINIMUM PROPOSED SIDE YARD SETBACK 1.92 FEET VARIANCE REQUESTED 8.08 FEET REQUIRED SIDE YARD SETBACK (SOUTH SIDE) 15 FEET PROPOSED SIDE YARD SETBACK 7.83 FEET VARIANCE REQUESTED ` 7.17 FEET MINIMUM AGGREGATE OF TWO SIDE YARDS 25 FEET PROPOSED AGGREGATE OF TWO SIDES 9.75 FEET VARIANCE REQUESTED 15.25 FEET PROPOSED LOT COVERAGE 45.5 % (PERCENT) MAXIMUM ALLOWABLE LOT COVERAGE 25 % (PERCENT) VARIANCE REQUESTED 20.5% (PERCENT) CASE TABLED TO MAY 4, 2004 MEETING
14) Case No. 04-027 filed by Lee J. Mamola of Mamola Associates Architects for Family Fun Park Mr. Mamola is requesting two (2) variances for the construction of an indoor/outdoor entertainment complex known as the Family Fun Park located at 45799 Grand River Avenue. Applicant is requesting a sixty-four (64) foot parking lot setback variance from adjoining residential property. The second request is for a landscape variance to allow the elimination of the landscaping around the perimeter of the Kart Loading building. Property is located in Section 16, on the south side of Grand River Avenue and west of Taft Road. The subject property is approximately ten (10) and zoned I-1 (Light Industrial) and OST (Office Service Technology). NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations", Paragraph (i)(2) states that off street parking shall be setback no less than one hundred (100) feet from the residential district. REQUIRED PARKING LOT SETBACK (FROM A RESIDENTIAL DISTRICT) 100 FEET PROPOSED PARKING LOT SETBACK 36 FEET VARIANCE REQUIRED 64 FEET
NOVI CODE OF ORDINANCES: Section 2509.3.d "Building Foundation Landscape Requirements" states that the intent of this subsection is to provide green, landscape space around buildings to help integrate buildings into the surrounding landscape and to improve the esthetic appearance. Applicant has requested a landscape variance to allow the elimination of the perimeter building landscaping for the Kart Loading building. Variance One MOTION BY MEMBER CANUP, SECONDED BY MEMBER BAUER WITH RESPECT TO CASE NUMBER 04-027 THAT WE DENY THE REQUEST FOR THE 64 FEET DIMENSIONAL VARIANCE FOR THE PARKING AREA. MEMBER BRENNAN ADDED THAT THE PETITIONER HAS NOT ESTABLISHED THAT THERE ARE PRACTICAL DIFFICULTIES IN NOT MEETING THE ORDINANCE WITH RESPECT TO THE SETBACK. IN ADDITION, HE STATED THAT THE PETITIONER HAS NOT ESTABLISHED THAT EVEN WITH THE GRANT OF THE VARIANCE THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED, PUBLIC SAFETY SECURED AND SUBSTANTIAL JUSTICE DONE BECAUSE THERE IS ENOUGH EVIDENCE BROUGHT BEFORE US TONIGHT THAT SUGGESTS THAT PUBLIC SAFETY AND ADJOINING RESIDENTIAL PROPERTIES MAY BE NEGATIVELY AFFECTED. MEMBER BRENNAN STATED THAT THE "PUBLIC SAFETY" CONCERN IS BASED ON PREVIOUS DISCUSSIONS BY THE PLANNING DEPARTMENT THAT BUSES WOULD BE IN THAT LOCATION AND THAT THEY WOULD CREATE NOISE AND STINK WHICH HAS A DIRECT, RELATIVE RELATIONSHIP TO SAFETY. CITY ATTORNEY SCHULTZ ASKED WHETHER THE INTENTION WAS TO STATE THAT THE LACK OF PRACTICAL DIFFICULTY IS BASED ON A DETERMINATION THAT THE PARKING CAN BE PLACED ELSEWHERE. MEMBER BRENNAN AGREED THAT EVIDENCE WAS PRESENTED THAT THERE WAS ADDITIONAL PROPERTY THAT THE PARKING LOT COULD BE MODIFIED TO MEET ORDINANCE. MEMBER CANUP ASKED THAT THE COMMENTS OF MEMBER BRENNAN BE MADE PART OF THE MOTION. Variance Two MOTION BY MEMBER GRAY, SECONDED BY MEMBER BAUER WITH RESPECT TO CASE 04-027 IT IS MOVED TO APPROVE THE DIMENSIONAL VARIANCE REQUESTED FOR THE WAIVER ON THE LANDSCAPING AROUND THE KART BUILDING DUE TO THE NATURE AND USE OF THE BUILDING AND MR. SCHMITT’S COMMENTS ON THE RECORD.
15) Case No. 04-028 filed by Mark Kassab of PT Commerce, LLC for the proposed Deeridge Subdivision Mr. Kassab is requesting a lot width variance of 29.82 feet for lot number 51 for the proposed project known as Deeridge Village. Property is located north of Thirteen Mile and west of the M-5 Connector. Property is zoned RM-1, Low density, Low rise, multiple family and contains 64.59 acres. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400. "Schedule of Regulations" states that the minimum lot width in feet for property located in a RT Zoning District is fifty (50) feet. NOTE: This determination is based on a Parallel Plan submission for the proposed Deeridge Village project. REQUIRED LOT WIDTH 50 FEET PROPOSED LOT WIDTH 20.18 FEET VARIANCE REQUESTED 29.82 FEET MOTION: IN RESPECT TO CASE NUMBER 04-028 IT IS MOVED THAT THE PETITIONER’S VARIANCE REQUESTS BE APPROVED DUE TO LOT CONFIGURATION. OTHER MATTERS: 1) Election of Officers - The election of officers resulted in the officers remaining the same as follows: Chairperson Cynthia Gronachan Vice Chairperson Sarah Gray Secretary Gerald Bauer 2) Update of Accessory Structures Mr. Saven discussed the topic of the possibility of increasing square footage for accessory structures in the R-1 and R-A district. He will be updating the Board as to the status of this matter.
The meeting adjourned at 11:50 pm
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