Roll call Members Present: Bauer, Canup, Fischer, Gronachan

Please turn off pagers and cell phones during the meeting.

Each person desiring to address the Board shall state his / her name and address.

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.

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.

No person shall be allowed to address the Board more than once unless permission is granted by the Chairperson.

One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Case No. 04-075 was tabled by the Board at the August 10, 2004

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

Required rear yard setback 50 feet

Required side yard setback (south) 30 feet

Required combined total side yard 50 feet

MOTION: IN CASE NUMBER 04-075 TO GRANT THE VARIANCES AS REQUESTED DUE TO THE UNIQUENESS OF THE ZONING OF THE PROPERTY.

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.

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

REQUIRED MINIMUM AGGREGATE OF TWO SIDE YARDS 25 FEET

PROPOSED LOT COVERAGE (HOME + ACC. STRUCTURE) 36 %

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

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.

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.

MOTION: MOVE TO GRANT THE USE VARIANCE AS REQUESTED IN CASE NUMBER 04-079 FOR BAJA FRESH DUE TO THE FACT THAT THE PAST PERFORMANCE OF THE PETITIONER HAS NO HISTORY OF PROBLEMS, THEREFORE, NOT CREATING ANY ENVIRONMENTAL OR PUBLIC SAFETY PROBLEMS. THE USE PERMIT IS FOR THREE YEARS.

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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..."

MOTION: IN CASE NUMBER 04-081 SEE THE FOLLOWING MOTIONS:

SIGN NUMBER 1 – MOTION TO GRANT A VARIANCE FOR A PERIOD OF ONE MONTH.

SIGN NUMBER 2 – VARIANCE BE GRANTED AS REQUESTED FOR A PERIOD OF ONE YEAR.

SIGN NUMBER 3 – VARIANCE BE GRANTED AS REQUESTED FOR A PERIOD OF ONE YEAR.

SIGN NUMBER 4 – VARIANCE BE GRANTED AS REQUESTED FOR A PERIOD OF ONE YEAR.

SIGN NUMBER 5 – VARIANCE BE GRANTED AS REQUESTED FOR A PERIOD OF ONE YEAR.

SIGN NUMBER 6 – VARIANCE BE GRANTED AS REQUESTED FOR A PERIOD OF ONE YEAR.

SIGN NUMBER 7 – MOTION TO DENY THE REQUEST FOR A VARIANCE.

SIGN NUMBER 8 – VARIANCE BE GRANTED AS REQUESTED FOR A PERIOD OF ONE YEAR.

SIGN NUMBER 9 – MOTION TO DENY THE REQUEST FOR A VARIANCE.

SIGN NUMBER 10 – VARIANCE BE GRANTED AS REQUESTED FOR A PERIOD OF ONE YEAR.

SIGN NUMBER 11 – VARIANCE BE GRANTED AS REQUESTED FOR A PERIOD OF ONE YEAR.

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

REQUIRED PARKING SETBACK (FRONT) 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.

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.

THE APPLICANT DECIDED TO WITHDRAW THE CASE AFTER DISCUSSION WITH THE ZONING BOARD OF APPEALS.

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

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

REQUIRED REAR YARD SETBACK 35 FEET

REQUIRED SIDE YARD SETBACK 14.9 FEET

REQUIRED TOTAL SIDE YARDS (BOTH SIDES) 25 FEET

PROPOSED STORY HEIGHT 3 STORIES

MOTION: IN CASE NUMBER 04-088 FILED BY MR. TOM HARVEY THAT THE VARIANCES BE GRANTED AS REQUESTED DUE TO THE UNIQUENESS OF THE PROPERTY AND THE HARDSHIP OF THE DEVELOPMENT OF THE PIECE OF PROPERTY. AS SO NOTED, BY THE EXQUISITE EXPLANATION BY THE PETITIONER THAT LEFT US SPEECHLESS AT THE END OF HIS PRESENTATION WITHOUT ANY FURTHER QUESTIONS AND THAT HIS EXPLANATION WOULD SERVE PURPOSE AS TO WHY THIS VARIANCE IS SO GRANTED.

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.

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

MOTION: MOVE TO GRANT THE VARIANCE REQUESTED IN CASE NO. 04-090 BECAUSE THE PETITIONER HAS ESTABLISHED PRACTICAL DIFFICULTY GIVEN THAT THE VARIANCE WILL NOT IMPAIR THE INTENT OF THE ORDINANCE AND THAT THERE IS STILL SIGNIFICANT SETBACK.

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…"

MOTION: IN CASE NUMBER 04-091 THE REQUESTED VARIANCE BE GRANTED FOR BUSINESS IDENTIFICATION.

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

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

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

REQUIRED SIDE YARD PARKING SETBACK (SOUTH SIDE) 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.

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

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.

MOTION: IN CASE NUMBER 04-096 TO GRANT THE VARIANCES AS REQUESTED FOR THE REASONS THAT THE PETITIONER HAS:

ESTABLISHED PRACTICAL DIFFICULTY

THE PETITIONER HAS SHOWN AN ATTEMPT TO REDUCE VARIANCES GIVEN THE UNIQUE CIRCUMSTANCES REGARDING THE NARROWNESS AND AREA OF THE PROPERTY

GIVEN FAILURE TO GRANT WOULD BE UNNECESSARILY BURDENSOME AND POSSIBLY SHOW THAT THE PROPERTY WOULD THEN BE ECONOMICALLY UNBUILDABLE

GIVEN THAT A REDUCTION IN THE VARIANCES HAS INCREASED HEALTH, SAFETY AND WELFARE CONCERNS

THESE WERE MANY OF THE REASONS WHY WE DENIED THE REQUEST LAST MONTH.

Zoning Board of Appeals Calendar for 2005

a. July and September dates to Tuesday after holiday or following Tuesday

The Board approved the 2005 calendar with the following dates:

January 4

February 1

March 1

April 5

May 3

June 7

July 12

August 2

September 13

October 4

November 8

December 6