View Action Summary for this meeting

REGULAR MEETING – ZONING BOARD OF APPEALS - CITY OF NOVI
Tuesday - March 7, 2006 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

 

Roll call Members Bauer, Canup, Fischer, Gronachan, Krieger, Sanghvi and Shroyer

 

Rules of Conduct:

  1. Please turn off pagers and cell phones during the meeting.
  2. Each person desiring to address the Board shall state his / her name and address.
  3. 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.
  4. 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.
  5. No person shall be allowed to address the Board more than once unless permission is granted by the Chairperson.
  6. One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Approval of Agenda

Approval of Minutes – December 6, 2005 and January 10, 2006

Public Remarks

1. Case No. 06-001 filed by Matthew Gudaitis for property at 2115 West Lake Drive

Matthew Gudaitis is requesting six (6) variances for the construction of a new home located at 2115 West Lake Drive.   Applicant is requesting a two (2) foot front yard setback variance, a six (6) foot rear yard setback variance, a north side yard setback variance of six (6) feet, a south side yard setback variance of ten feet, eleven inches (10’-11”) with a total aggregate variance of both side yards of sixteen feet, eleven inches (16’-11”), and a lot coverage variance of 13.5%.  Property is zoned R-4 and located east of West Park Drive and south of Pontiac Trail.   NOTE:  Existing structures are to be removed.

NOVI CODE OF ORDINANCES:  ARTICLE 24; Section 2400, “Schedule of Regulations” requires; a thirty (30) foot front yard setback, a thirty-five (35) foot rear yard setback, a minimum side yard setback of ten (10) feet with an aggregate setback of both side yards of twenty-five (25) feet and a maximum lot coverage of twenty-five (25 %) percent.

Required front yard setback                              30 feet
Proposed front yard setback                             28 feet
Variance requested                                          2 feet

Required rear yard setback                               35 feet
Proposed rear yard setback                              29 feet
Variance requested                                          6 feet

Required side yard setback (north)                    10 feet
Proposed side yard setback                               4 feet
Variance requested                                            6 feet

Required side yard setback (south)                   15 feet
Proposed side yard setback                               4 feet, 1 inch
Variance requested                                          10 feet, 11 inches

Required side yard setback (both sides)            25 feet
Proposed side yard setback                               8 feet, 1 inch
Variance requested                                          16 feet, 11 inches 

Proposed lot coverage                                      38.5%
Maximum lot coverage                                      25%
Variance requested                                          13.5%

 

2. Case No. 06-002 filed by NorthStar Signs, Inc.  for Campus Tech Park

NorthStar Signs, Inc. is requesting one (1) sign variance to erect a construction identification sign for Campus Tech Park at 5022-13-351-025, which is located north of Eleven Mile Road and east of Meadowbrook Road.  

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(1) states:  “construction identification sign not to be issued prior to building permit...”

Applicant is requesting permission to erect a sixty three (63) square foot construction identification sign. 

 

3. Case No. 06-013 filed by Novi Urgent Care at 24230 Karim

Novi Urgent Care is requesting one (1) sign variance to add language of “Novi Urgent Care” to an existing business center sign for Brookside Medical Building at 24230 Karim.  The building is located north of Ten Mile Road and west of Haggerty Road. 

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.1.i. states:  “Except as provided below, ground signs shall not exceed a maximum thirty (30) square feet or one (1) square foot for each two (2) feet the sign is setback, whichever is greater, with a maximum area of one hundred (100) square feet.”

Required setback          70 feet
Proposed                     63 feet
Variance                       7 feet  

4. Case No. 06-014 filed by Metro PCS Michigan, Inc. for 42380 Arena Drive

Carmen Kleckler of Richard Connor Riley & Associates, LLC representing Metro PCS Michigan, Inc. is requesting a variance to the requirement of a face brick exterior equipment shelter building on all four sides located at the cell tower at 42380 Arena Drive.  The property is zoned I-1 and located at the Novi Ice Arena property where the cell tower was constructed to the east of the arena.

CITY OF NOVI, CODE OF ORDINANCES, Section 2508.1g requires that equipment shelter buildings shall be constructed of face brick on all sides with a gable roof in addition to compliance with standards at Section 2520.

The applicant wishes to install a metal equipment cabinet that is not an approved material.

 

5.  Case No. 06-015 filed by Metro PCS Michigan, Inc. for 45500 Grand River

Carmen Kleckler of Richard Connor Riley & Associates, LLC representing Metro PCS Michigan, Inc. is requesting a variance to the requirement of a face brick exterior equipment shelter building on all four sides located at the cell tower at 45500 Grand River.  The property is zoned I-1 and located on the north side of Grand River and east of Taft Road in Section 16.

CITY OF NOVI, CODE OF ORDINANCES, Section 2508.1g requires that equipment shelter buildings shall be constructed of face brick on all sides with a gable roof in addition to compliance with standards at Section 2520.

The applicant wishes to install a metal equipment cabinet that is not an approved material.

 

6. Case No. 06-016 filed by Singh Management for Main Street Village

Paul Rizzardi of Singh Management is requesting one (1) sign variance to extend a temporary construction sign for Main Street Village.  The sign is located at 25300 Constitution.

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 an extension to allow the existing sign to remain on the property.

 

7.  Case No. 06-017 filed by Singh Management for Waltonwood at Twelve Oaks

Kam Ruwe of Singh Management representing Waltonwood at Twelve Oaks is requesting sign extension variances for two (2) marketing signs. Sign A is located in front of the Waltonwood development on Huron Circle Drive.  Sign B is located on Twelve Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (1) states that the maximum permit duration is: “…valid until issuance of last certificate of occupancy or for a period of twelve (12) months, whichever occurs first.”

Sign A was granted its first extension on February 1, 2000 (ZBA Case No. 99-089), its second extension on February 6, 2001 (ZBA Case No. 01-001), its third extension on March 5, 2002 (ZBA Case No. 02-008), its fourth extension on May 6, 2003 (ZBA Case No. 03-030), and fifth extension on August 10, 2004 (ZBA Case No. 04-067).

Sign B was approved on January 9, 2001  (ZBA Case 00-108), was granted its first extension on March 5, 2002 (ZBA case No. 02-008), its second extension on May 6, 2003 (ZBA Case No. 03-030), and its third extension on August 10, 2004 (ZBA 04-067).

 

8.  Case No. 06-018 filed by Toll Brothers for Island Lake of Novi Subdivision

Lance Hardins of Toll Brothers is requesting a renewal of sign variances granted by the Zoning Board of Appeals on September 7, 2004 for a period of one year for Case No. 04-081 for sign number 3, 4, 5, 8, 10, and 11.  The ground signs are erected in the Island Lake development, which is located between Grand River and Ten Mile Road on Wixom Road.  The locations of the signs are as follows:

Sign #3 – located at Drakes Bay Drive, west of Wixom Road

Sign #4 – located at the northwest corner of Ten Mile and Wixom Road

Sign #5 – located at Lot 232 (Terra Del Mar)

Sign #8 – located at entrance to Island Lake Clubhouse (Drakes Bay Drive)

Sign #10 – located at Lot 282 on corner of Terra Del Mar and Drakes Bay Drive

Sign #11 – located at Lot 195 on corner of Chesapeake Drive and Drakes Bay Drive

 

9.  Case No. 06-019 filed by Thurber Building Company for Cheltenham North Subdivision

Thurber Building Company is requesting one (1) sign variance to erect an entranceway sign for the Cheltenham North Subdivision to be located north of Nine Mile Road and west of Beck Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(2) states that permits are “not to be issued prior to a first building permit…”                                 

The applicant is requesting permission to erect a sixty four (64) square foot entranceway sign.

 

10. Case No. 06-020 filed by Radiant Sign Company for Leo’s Coney Island at 47830 Grand River (Westmarket Square)

Radiant Sign Company, LLC is requesting one (1) sign variance to erect an additional sign at Leo’s Coney Island, which is located at 47830 Grand River Avenue (Westmarket Square).

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3)d states:

“Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign.”

The applicant is requesting permission to erect an additional wall sign of thirty six (36) square feet.

 

11.  Case No. 06-021 filed by James Weiner at 2094 Austin

James Weiner is requesting four (4) variances for the construction of a new home located at 2094 Austin Drive, Lot 85 and the northerly twenty (20) feet of Lot 86 of the Shawood Walled Lake Heights Subdivision.  The applicant is requesting an 11.25 foot front yard setback variance, a 1.5 foot south side yard setback variance with a combined total of a 1.5 foot side yard setback variance and a lot coverage variance of two (2%) percent.  Property is zoned R-4 and located west of Old Novi Road and south of South Lake Drive.

NOVI CODE OF ORDINANCES, Article 24, Section 2400, “Schedule of Regulations” requires a thirty (30) foot front yard setback, a ten (10) foot minimum side yard setback with a combined side yard setback total of twenty-five (25) feet and a maximum lot coverage of twenty-five (25%) percent in an R-4 zoning district.

Required front yard setback                30 feet
Proposed front yard setback               18.75 feet
Variance requested                            11.25 feet 

Required side yard setback (south)      15 feet
Proposed side yard setback (south)     13.5 feet
Variance requested                              1.5 feet 

Required total both side yards               25 feet
Proposed total both side yards              23.5 feet
Variance requested                              1.5 feet

Proposed lot coverage                          27 %
Maximum lot coverage                         25 %
Variance requested                              2 %

 

12. Case No. 06-022 filed by Glenn Klocke at 44480 Eleven Mile Road

Glenn Klocke is requesting three (3) variances for the construction of an addition located at 44480 Eleven Mile Road.  Applicant is requesting a three (3) foot front yard setback variance and a 2.25 foot west side yard setback variance, which includes a variance request for the aggregate total of both side yards of 2.25 feet.  Property is zoned R-4 and located on Lot 5 of Mary’s Orchard Subdivision.  The property is north of Eleven Mile between Novi Road and Taft Road.   NOTE:  Previous approval was granted pursuant to Case # 04-119 but project was never started.  Applicant is now requesting an additional two (2) foot front yard setback variance.

NOVI CODE OF ORDINANCES:  ARTICLE 24; Section 2400, “Schedule of Regulations” require a minimum front yard setback of thirty (30) feet and an aggregate total of both side yards of twenty-five (25) feet in an R-4 Zoning District.

Required front yard setback                              30 feet
Proposed front yard setback                             27 feet
Variance requested                                          3 feet 

Required side yard setback (west)                    14.25 feet
Proposed side yard setback (west)                   12 feet
Variance requested                                          2.25 feet

Required aggregate of both side yards                25 feet
Proposed aggregate of both side yards               22.75 feet
Variance requested                                            2.25 feet

 

13. Case No. 06-023 filed by the Home Depot at 47950 Grand River

Pace Nielson of the Home Depot is requesting a Temporary Use Permit to allow a tent sale in the parking lot of the Home Depot store located at 47950 Grand River (Westmarket Square development).  The applicant is requesting to have an outdoor tent patio furniture sale from May 14, 2006 to June 6, 2006.  The property is zoned B-2 and located west of Beck Road and north of Grand River. 

CITY OF NOVI, CODE OF ORDINANCES, Section 3004, “Temporary Use Permits” states:

“The Building Official or his designee, shall have the power to grant permits authorizing temporary special land uses for tent sales where permitted.”

The applicant is requesting a tent sale in the parking lot in front of the Home Depot building.

 

14.  Case No. 06-024 filed by the Home Depot at 47950 Grand River

Pace Nielson of the Home Depot is requesting a Temporary Use Permit to allow a sidewalk sale in the front apron of the Home Depot store located at 47950 Grand River (Westmarket Square development).  The applicant requests to have a sidewalk sale from May 15, 2006 to September 6, 2006 to sell live good merchandising and promotional items.  The property is zoned B-2 and located west of Beck Road and north of Grand River. 

CITY OF NOVI, CODE OF ORDINANCES, Section 3004, “Temporary Use Permits” states:

“The Building Official or his designee, shall have the power to grant permits authorizing temporary special land uses for …sidewalk sales… where permitted.”

The applicant is requesting a sidewalk sale in the front apron of the Home Depot building.

 

OTHER MATTERS

1.         Discussion of previous case 06-009