| View Agenda for this meeting View Minutes for this meeting ACTION SUMMARY Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd. Roll call Members Present: Bauer, Brennan, Canup, Fischer, Gronachan and SanghviRules of Conduct:
Approval of Agenda - approved Public Remarks – none 1. Case No. 05-003 filed by Amy Davenport of ASI-Modulex for Telcom Credit Union at 45175 Twelve Mile between Novi Rd. and Beck Road. Case tabled by board to the March 1, 2005 ZBA meeting. Case tabled by the request of the applicant from the March 1, 2005 ZBA meeting to the April 5, 2005 ZBA meeting. Ms. Davenport of ASI-Modulex Sign Company is requesting one sign variance to erect a third sign at Telcom Credit Union at 45175 Twelve Mile Road between Novi Road and Beck Road. The property is zoned OST. There are currently two (2) ground signs on the parcel. The additional ground sign was approved by ZBA Case No. 03-016. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)b.1.(a)ii.b states: "area regulations – wall signs single business two (2) story buildings…" Requested: 86 square feet Permitted (based on 139’ of setback from center): 46 square feet Variance needed: 40 square feet The applicant is requesting permission to erect an illuminated wall sign that reads Telcom Credit Union measuring 43 Ft. in length and 2 Ft. in height with a total of 86 Sq. Ft. Applicant is going to remove two (2) ground signs on premises. MOTION: IN CASE NO. 05-003 THAT PETITIONER’S REQUEST BE GRANTED FOR BUSINESS IDENTIFICATION PURPOSES WITH THE CONDITION THAT BOTH GROUND SIGNS BE REMOVED. 2. Case No. 05-011 filed by Paul Knuth of Ivanhoe Huntley Companies for Wellington Ridge Condominiums located on Twelve Mile Road between Meadowbrook and Novi Road. This case was tabled by the board to the May 3, 2005 ZBA meeting. Petitioner is requesting a use variance to construct a Multiple Family use known as Wellington Ridge Condominiums of Novi, in an OS1 and RA Zoning District. Proposed project is a sixty-four (64) unit multiple development located north of Twelve Mile Road and east of Novi Road. Applicant is seeking a use variance pursuant to Section 3104.1 and Section 3104.1b of the Novi Code of Ordinances. NOVI CODE OF ORDINANCES: Section 3104.1 states that the Zoning Board of Appeals 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. Applicant is requesting Multiple Family use in an OS1 and RA Zoning District NOVI CODE OF ORDINANCES: Section 3104.1b states that the Zoning Board of Appeals shall have the power to authorize, upon an appeal, a variance from the strict application of the provisions of this Ordinance where by reason of exceptional narrowness, shallowness, shape or area of specific piece of property at the time of enactment of this Ordinance or by reason of exceptional topographical conditions or other extraordinary conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to or exceptional undue hardship upon the owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Ordinance. Applicant has submitted a Conceptual Plan dated 02-22-03 and a Wellington Ridge PRO application packet. 3. Case No. 05-015 filed by Vipen Khetarpal for residence at 46470 W. Ten Mile Road located north of Ten Mile Road between Taft and Beck Road Mr. Khetarpal is requesting a variance to allow construction of a 1304 square foot attached garage to a proposed new home located at 46470 W. Ten Mile Road. Applicant is requesting a 454 square foot variance to the allowable 850 square foot for the R-4 zoning district. Property is located north of Ten Mile between Taft and Beck Road. Note: Property received additional variance in ZBA Case # 05-004. NOVI CODE OF ORDINANCES: SECTION 2503, 1 E (1) states that in a R-4 residential district the aggregate of all accessory buildings on the property shall not exceed 850 square feet. PROPOSED ATTACHED ACCESSORY STRUCTURE 1304 SQ. FT. MAXIMUM ALLOWABLE ACCESSORY STRUCTURE 850 SQ. FT. VARIANCE REQUESTED 454 SQ. FT. MOTION: IN CASE NO. 05-015 THAT PETITIONER’S VARIANCE REQUEST BE GRANTED DUE TO THE UNIQUENESS OF THE PROPERTY AND THE SIZE OF THE HOME. 4. Case No. 05-016 filed by MLS Sign Company representing Sunoco Gas Station located at 43601 Grand River Avenue west of Novi Road and east of Flint Road MLS Sign Company, representing Sunoco Gas Station is requesting four (4) sign variances to erect two (2) illuminated logo box signs on the existing canopy at 43601 Grand River Avenue west of Novi Road and east of Flint Road. The property is zoned TC-1. 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) illuminated logo box signs that read Sunoco measuring 5 ft. 2" in length and 18" in height with a total of 7.749 Sq. Ft. Zoning Ordinance Sec 2503.2.C(1) states "…no signs shall be placed on any canopy…" MOTION: IN CASE NO. 05-016 THAT THE PETITIONER’S REQUEST BE GRANTED BECAUSE THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY IN THAT TRAFFIC WOULD BE SAFER IN THE AREA IF THESE SIGNS WERE ALLOWED AND THAT THE PETITIONER HAS ESTABLISHED THAT THE VARIANCE IS NOT SELF CREATED DUE TO THE NEW GRAND RIVER BRIDGE .5. Case No. 05-017 filed by Mary Czarnecki of NorthStar Signs, Inc. for two real estate signs for Cushman & Wakefield located at 41441-41651 West Eleven Mile Road. **Case previously known as ZBA05-012 which was tabled by the Board to the April 5, 2005 meeting. Applicant withdrew ZBA05-012 on March 3, 2005 and filed a new application.** Ms. Czarnecki of NorthStar Signs, Inc. is requesting six (6) sign variances to erect two (2) ground real estate signsfor Cushman & Wakefield. The signs are to be located at 41441-41651 West Eleven Mile 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: 36 square feet Permitted: 6 square feet Variance needed: 30 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 28-6(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 two (2) ground signs. MOTION: WITH RESPECT TO CASE NO. 05-017 THAT PETITIONER’S REQUEST FOR THESE TWO SIGNS BE GRANTED FOR THE PURPOSE OF LEASING OUT THESE LARGE COMMERCIAL BUILDINGS FOR A PERIOD OF ONE YEAR. 6. Case No. 05-018 filed William W. Dinnan III for 102 Lashbrook located north of Thirteen Mile and east of East Lake Drive. Mr. Dinnan is requesting two front setback variances for the construction of a new home at 102 Lashbrook Drive, Parcel A. Applicant is requesting a 13.1 foot front setback variance off Lashbrook Drive and a 10.2 foot front setback variance off Paramount Avenue. Property is on a corner lot and zoned R-4 and located north of Thirteen Mile and east of East Lake Drive. NOVI CODE OF ORDINANCES: ARTICLE 24; SECTION 2400, "SCHEDULE OF REGULATIONS" requires a thirty foot front yard setback for those properties in an R-4 zoning district. NOTE: Property is on a corner lot with two front setbacks. REQUIRED FRONT YARD SETBACK (LASHBROOK) 30 FEET PROPOSED FRONT YARD SETBACK (LASHBROOK) 16.9 FEET VARIANCE REQUESTED 13.1 FEET REQUIRED FRONT YARD SETBACK (PARAMOUNT) 30 FEET PROPOSED FRONT YARD SETBACK (PARAMOUNT) 19,8 FEET VARIANCE REQUESTED 10.2 FEET MOTION: WITH RESPECT TO CASE NO. 05-018 THAT THE VARIANCE AS REQUESTED BY PETITIONER BE GRANTED DUE TO THE UNIQUENESS OF THE SIZE OF THE LOT AND THE FACT THAT IT DOES HAVE TWO FRONT YARDS BY ORDINANCE .7. Case No. 05-019 filed by Michael and Amy Glenn for 49235 W. Eleven Mile Road located south of Eleven Mile Road between Wixom and Taft Road. Michael and Amy Glenn are requesting three variances for the construction of an addition to their existing home at 49235 W. Eleven Mile Road. Applicant is requesting an east side yard setback variance of 5.5 feet, a west side yard setback variance of 15.5 feet and a total aggregate side yard variance of 21 feet. Property is zoned R-A and located south of Eleven Mile Road between Wixom and Taft Road. NOVI CODE OF ORDINANCES, ARTICLE 24; SECTION 2400, "SCHEDULE OF REGULATIONS" requires a minimum side yard setback of 20 feet and an aggregate side yard total of 50 feet for both sides. REQUIRED SIDE YARD SETBACK (EAST) 20 FEET PROPOSED SIDE YARD SETBACK (EAST) 14.5 FEET VARIANCE REQUESTED 5.5 FEET REQUIRED SIDE YARD SETBACK (WEST) 30 FEET PROPOSED SIDE YARD SETBACK (WEST) 14.5 FEET VARIANCE REQUESTED 15.5 FEET MINIMUM AGGREGATE OF BOTH SIDE YARDS 50 FEET PROPOSED AGGREGATE OF BOTH SIDE YARDS 29 FEET VARIANCE REQUESTED 21 FEET MOTION: WITH RESPECT TO CASE NO. 05-019 APPROVE THE PETITIONER’S REQUEST GIVEN THAT THEY HAVE ESTABLISHED A PRACTICAL DIFFICULTY GIVEN THE LOT CONFIGURATION AS WELL AS THE FACT THAT THE HOUSE IS ALREADY TO THAT SPECIFICATION. 8. Case No. 05-020 filed by Mark Kassab with PT Commerce LLC for Lenox Park located at 40812 W. Thirteen Mile Road. Mr. Mark Kassab is requesting two (2) sign variances to erect an additional ground sign for the purpose of marketing for Lenox Park located at 40812 W. Thirteen Mile Road. There is currently one (1) marketing sign on the premises. CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(3) states: "…only one (1) real estate sign permitted per parcel of land..." The applicant is requesting permission to erect one ground sign measuring 10’6" x 6’. Requested: 63 square feet Permitted: 16 square feet Variance needed: 47 square feet MOTION: WITH RESPECT TO CASE NO. 05-020 FILED BY MARK KASSAB WE GRANT THE PETITIONER’S REQUEST FOR REASONING OF SITE IDENTIFICATION FOR THE TIME PERIOD OF TWO YEARS. 9. Case No. 05-021 filed by Ann Michael of Gateway Village of Novi for Extension of Temporary Construction Sign at corner of Grand River and Portico Lane Ann Michael of Triangle Development Co., Inc. is requesting one (1) sign variance to extend a temporary construction sign for thirty-six (36) months for Gateway Village of Novi. The sign is located on the north side of Grand River and west of Meadowbrook (at the corner of Grand River and Portico Lane). CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (1) states: "Construction identification sign…is valid for a period of twelve months..." The Applicant is requesting permission to allow the sign to remain for thirty-six (36) months. MOTION: WITH RESPECT TO CASE NO. 05-021 GRANT THE VARIANCE AS REQUESTED FOR A PERIOD OF TWENTY-FOUR (24) MONTHS OR NINETY PERCENT (90%) SALE. 10. Case No. 05-023 filed by Mark S. McPherson for Crosspointe Meadows Church, located on Meadowbrook Road between 12 Mile and 13 Mile Roads Mark S. McPherson of Merritt McPherson Cieslak, PC for Crosspointe Meadows Church, is requesting a sign extension for an existing temporary sign located on Meadowbrook Road between Twelve and Thirteen Mile Roads for the proposed church. The ground sign is thirty two (32) square feet, for the purpose of identification. The applicant is requesting permission to allow the sign to remain for a time period of one year or an appropriate time frame as determined by the Board. MOTION: WITH RESPECT TO CASE NO. 05-023 GRANT THE VARIANCE EXTENSION FOR 12 MONTHS IN THE HOPES THAT THEY MOVE THINGS ALONG. 11. Case No. 05-024 filed by Abdu Murray from Honigman, Miller, Schwartz and Cohn LLP for CVS Corporation at 31240 Beck Road. This property is zoned B-3 (General Business). This case has been tabled by the Board to the May 3, 2005 ZBA meeting. Mr. Murray of Honigman, Miller, Schwartz and Cohn LLP for CVS Pharmacy is requesting sign variances for CVS Pharmacy at 31240 Beck Road. The property is zoned B-3 (general business). *SIGNS "A" (two CVS Pharmacy wall signs) SECTION 28-6(2)b.1.(a)i.b. NOVI CITY CODE "...area regulations – wall signs…" 74 Square Feet of sign area requested 50.5 Square Feet of sign area permitted based upon 152 feet of setback measured from center lines of Beck and Pontiac Trail 24.5 Square Foot variance needed for each sign SECTION 28-6(3) "Number of on premises and existing signs permitted - no parcel of land shall be allowed more than one (1) sign permitted…" *SIGN (B) (Monument Sign - 28 square feet in area, 5 feet in height) SECTION 28-6(3) "Number of on premises advertising signs permitted - no building of parcel of land shall be allowed more than one (1) sign permitted under this section…" *SIGNS "C" (Two "Drive Thru Pharmacy wall signs 25.25 square feet in area) SECTION 28-6(3) "Number of on premises advertising signs permitted – no building or parcel of land shall be allowed more than one (1) sign permitted under this section…" *SIGNS "C" (Two "One Hour Photo" wall signs 15.25 square feet in area) SECTION 28-6(3) "Number of on premises advertising signs – no building or parcel of land shall be allowed more than one (1) sign permitted under this section…" *SIGNS "C" (One "Food Shoppe" wall sign 15.16 square feet in area) SECTION 28-6(3) "Number of on premises advertising signs permitted – no building or parcel of land shall be allowed more than one (1) sign permitted under this section…" *SIGNS "I" (Three "Drive Thru Pharmacy – CVS Ground Pole signs 3 square feet in area) SECTION 28-8 (10) "Signs permitted in all districts – signs not exceeding two (2) square feet in area which contain only non commercial messages…" *SIGNS "J, K & I" (Four CVS enter and exit ground pole drive identification signs and one CVS Pharmacy directional sign at entrance to site on Pontiac Trail and Beck Roads.) SECTION 28-8(12) "Private parking lot and drive identification signs based upon the following standards: one (1) ground pole sign per entrance…may be located within the minimum setback area…" 12. Case No. 05-025 filed by Darko Martinovski for 47255 Eleven Mile Road located south of Eleven Mile Road and east of Beck Road. Case has been denied due to lack of representation. Mr. Martinovski is requesting three variance requests for the construction of a new home on Lot 18, Pioneer Meadows Subdivision. Applicant is requesting a rear yard setback of 10 feet, a west side yard setback variance of 20 feet and an aggregate total of both side yard variance of 20 feet. Property is zoned R-A and located south of Eleven Mile Road and east of Beck Road. NOVI CODE OF ORDINANCES: ARTICLE 24, SECTION 2400, "SCHEDULE OF REGULATIONS" requires a rear yard setback of 50 feet, a side yard setback of 30 feet and an aggregate total of both side yards of 50 feet. REQUIRED REAR YARD SETBACK 50 FEET PROPOSED REAR YARD SETBACK 40 FEET VARIANCE REQUEST 10 FEET REQUIRED SIDE YARD SETBACK (WEST) 30 FEET PROPOSED SIDE YARD SETBACK (WEST) 10 FEET VARIANCE REQUEST 20 FEET REQUIRED AGGREGATE TOTAL BOTH SIDES 50 FEET PROPOSED AGGREGATE TOTAL BOTH SIDES 30 FEET VARIANCE REQUEST 20 FEET 13. Case No. 05-026 filed by Harry Chawney with Hampton Place LLC of Novi is Requesting an Extension of Temporary Construction Sign Located at 23955 Novi Road Mr. Harry Chawney with Hampton Place LLC is requesting an extension of an existing construction identification sign. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (1) states: "Construction identification sign…is valid for a period of twelve months..." The Applicant is requesting permission to allow an extension of the existing construction identification sign. MOTION: WITH RESPECT TO CASE NO. 05-026 GRANT THE VARIANCE FOR AN ADDITIONAL ONE YEAR PERIOD. 14. Case No. 05-027 filed Jason Levy for 1525 East Lake Drive located East of East Lake Drive and North of Thirteen Mile Road. This case has been tabled by the Board to the May 3, 2005 ZBA meeting. Applicant called requesting they be tabled to the June 7, 2005 ZBA meeting. Mr. Levy is requesting eight variances for the construction of an addition to an existing home located at 1525 East Lake Drive. Applicant is requesting a front yard setback variance of 20 feet, a rear yard setback variance of 20 feet, a side yard setback variance (north) of 8.5 feet, a side yard setback variance (south) of 1 foot, a total aggregate variance for both side yards at 9.5 feet, a lot coverage variance of 14%, a 10 square foot variance for the construction of an attached garage and a front porch projection variance of 19.5 feet. Property is zoned R-4 and located east of East Lake Drive and north of Thirteen Mile Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum of a 30 foot front yard setback, a 35 foot rear yard setback, a minimum side yard setback of 10 feet, an aggregate total of both side yards of 25 feet, and a maximum lot coverage of 25%. REQUIRED FRONT YARD SETBACK 30 FEET PROPOSED FRONT YARD SETBACK 10 FEET VARIANCE REQUIRED 20 FEET REQUIRED REAR YARD SETBACK 35 FEET PROPOSED REAR YARD SETBACK 15 FEET VARIANCE REQUIRED 20 FEET MINIMUM REQUIRED SIDE YARD SETBACK 10 FEET PROPOSED REQUIRED SIDE YARD SETBACK 1.5 FEET VARIANCE REQUIRED 8.5 FEET REQUIRED SIDE YARD SETBACK (SOUTH) 15 FEET PROPOSED SIDE YARD SETBACK (SOUTH) 14 FEET VARIANCE REQUIRED 1 FOOT AGGREGATE TOTAL OF BOTH SIDE YARDS 25 FEET PROPOSED TOTAL OF BOTH SIDE YARDS 15.5 FEET VARIANCE REQUIRED 9.5 FEET PROPOSED LOT COVERAGE 39 % MAXIMUM LOT COVERAGE 25 % VARIANCE REQUIRED 14% NOVI CODE OF ORDINANCES: Section 2907, "Porches, Decks" states that an open unenclosed and uncovered porch or paved terrace may project into a required front yard setback for a distance not to exceed 4 feet. MAXIMUM ALLOWABLE PORCH SETBACK 26 FEET PROPOSED PORCH SETBACK 6.5 FEET VARIANCE REQUIRED 19.5 FEET NOVI CODE OF ORDINANCES: Section 2503, Paragraph 1 E ( 1 ) states that the aggregate square footage of all accessory buildings in an R-4 zoning district shall not exceed 850 square feet. PROPOSED AGGREGATE SQUARE FOOTAGE 860 SQUARE FEET MAXIMUM ALLOWABLE SQUARE FOOTAGE 850 SQUARE FEET VARIANCE REQUIRED 10 SQUARE FEET 15. Case No. 05-028 filed Tracey Shipley for 25890 Strath Haven located East of Beck Road and South of Eleven Mile Road. This case was denied. Applicant made an attempt to contact our office stating they would not be attending due to a conflict with the Pioneer Meadows Association Architectural Control Committee. Therefore the case is tabled to the May 3, 2005 ZBA meeting at which time the Board will hear a Motion to Reconsider Case No. 05-028. Ms. Shipley is requesting four variances for the construction of a new home at 25890 Strath Haven Drive. Applicant is requesting a front yard setback variance of 5 feet, a rear yard setback variance of 14 feet, a north side yard setback variance of 4 feet and an aggregate total side yard setback variance of 2 feet. Property is zoned R-A and is located east of Beck Road and south of Eleven Mile Road. NOVI CODE OF ORDINANCES: ARTICLE 24; SECTION 2400, "SCHEDULE OF REGULATIONS" requires a minimum front yard setback of 45 feet, a rear yard setback of 50 feet, a minimum side yard setback of 20 feet and an aggregate total of both side yards of 50 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 36 FEET VARIANCE REQUESTED 14 FEET REQUIRED SIDE YARD SETBACK (NORTH) 20 FEET PROPOSED SIDE YARD SETBACK (NORTH) 16 FEET VARIANCE REQUESTED 4 FEET REQUIRED AGGREGATE TOTAL OF SIDE YARDS 50 FEET PROPOSED AGGREGATE TOTAL OF SIDE YARDS 48 FEET VARIANCE REQUESTED 2 FEET 16. Case No. 05-022 filed Janet Thurber for 21668 Garfield located north of Eight Mile Road and east of Garfield Road. Petitioner is requesting two side yard setback variances for the continued use of a barn located at 21668 Garfield Road. Applicant is requesting a north side yard variance of 48 feet and a south side yard variance of 10 feet. Property is zoned R-A and is located north of Eight Mile Road and east of Garfield Road. Note: Approval was granted to a previous applicant in ZBA Case #97-067. NOVI CODE OF ORDINANCES, ARTICLE 25, SECTION 2508, PARAGRAPH 4 (C) "PUBLIC AND PRIVATE STABLES AND RIDING ACADAMIES" states: The structure for housing the horses shall not be less than 100 feet from any exterior property line or from any dwelling unit on said property. REQUIRED SIDE YARD SETBACK (NORTH) 100 FEET EXISTING SIDE YARD SETBACK (NORTH) 52 FEET VARIANCE REQUIRED 48 FEET REQUIRED SIDE YARD SETBACK (SOUTH) 100 FEET EXISTING SIDE YARD SETBACK (SOUTH) 90 FEET VARIANCE REQUIRED 10 FEET MOTION: WITH RESPECT TO CASE NO. 05-022 FILED BY JANET THURBER THAT THE BOARD APPROVE THE VARIANCE REQUESTED DUE TO LOT SIZE AND CONFIGURATION AS WELL AS TO CONDITION IT TO NO MORE THAN TWO HORSES TO BE HOUSED IN THE BARN AND FOR NON COMMERCIAL USE. Other Matters: 1. Election of officers Member Fischer was elected to the position of Chair of the Board. Member Brennan was elected to the position of Vice-Chair of the Board. Member Gronachan was elected to the position of Secretary. Meeting adjourned at 9:50 p.m.
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