Present: Members Cassis, Ghannam, Ibe, Krieger and Skelcy

Absent: Members Sanghvi and Wrobel

Present: Charles Boulard, Community Development Director, Beth Kudla, City Attorney, Malinda Martin, Senior Customer Service Rep.

Pledge of Allegiance Member Skelcy

Approval of Agenda: Approved

Approval of Minutes: November 10, 2009 with corrections

Public Remarks: None

Member Ghannam was elected for temporary chairman for the January 2010 meeting.

Member Krieger was elected for temporary secretary for the January 2010 meeting.

MJ Whelan Construction Company is requesting variances to allow construction of a 2 story addition to an existing non-conforming residence at 1627 West Lake Drive. In addition to the following dimensional variances, the project requires an exception to 2502.3.A to allow expansion of a non-conforming structure. Property is zoned R-4 and is located south of Pontiac Trail and east of West Park Drive.

CITY OF NOVI, CODE OF ORDINANCES, Article 2502.3.A to allow a structure to be enlarged in a way which increases its non-conformity

CITY OF NOVI, CODE OF ORDINANCES, Article 2400 Schedule of Regulations which requires a 10 foot minimum side yard setback and a 25 foot aggregate side yard setback.

CITY OF NOVI, CODE OF ORDINANCES, Article 2908 Projections into Yards which allows eaves to project a maximum of 2" for 1 foot of setback width into required side setbacks.

REQUIRED MINIMUM SIDE YARD SETBACK                                      10 FEET
PROPOSED MINIMUM SIDE YARD SETBACK                                      6.9 FEET
VARIANCE REQUESTED                                                                     3.1FEET

REQUIRED AGGREGATE SIDE YARD SETBACK                                 25 FEET
PROPOSED AGGREGATE SIDE YARD SETBACK                               17.26 FEET
VARIANCE REQUESTED                                                                      7.74 FEET

MAXIMUM ALLOWABLE PORCH EAVE PROJECTION                          13.5 INCHES
PROPOSED PORCH EAVE PROJECTION                                            30 INCHES
VARIANCE REQUESTED                                                                    16.5 INCHES

MAXIMUM ALLOWABLE HOUSE SOUTHWEST EAVE PROJECTION     14.75 INCHES
PROPOSED SOUTHWEST HOUSE EAVE PROJECTION                       18 INCHES
VARIANCE REQUESTED                                                                       3.25 INCHES

IN CASE NO 09-051 MOTION TO GRANT THE VARIANCES AS REQUESTED BY THE APPLICANT. THE SETBACK, FRONTAGE, HEIGHT, BULK AND DENSITY REQUIREMENTS UNREASONABLY PREVENT THE USE OF THE PROPERTY FOR A PERMITTED USE. THE VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE TO THE APPLICANT AND THE SURROUNDING PROPERTY AREAS WILL BE ELEVATED IN TERMS OF THE PROPERTY VALUES CONSIDERING THE DEVELOPMENT THAT THE APPLICANT WANTS TO PUT FORWARD. THERE ARE UNIQUE CIRCUMSTANCES OF THIS PROPERTY THAT SHOULD MAKE IT ALLOWABLE FOR THESE VARIANCES TO BE GRANTED. THE PROBLEM IS NOT SELF CREATED. THE VARIANCE DOES NOT IMPEDE ANY LIGHT OR AIR OF ADJACENT PROPERTIES. THE FIRE MARSHALL HAS ALREADY TAKEN A LOOK AT THE PROPERTY. THE EXISTING NON-COMPLIANT ACCESSORY BUILDING NEEDS TO BE REMOVED. THE INCREASE IN PUBLIC SAFETY AND FIRE DANGER NEEDS TO BE ADDRESSED. GRANTING THIS VARIANCE AS REQUESTED IS CONSISTENT WITH THE ZONING ORDINANCE.

Motion Carried 5-0
Motion Maker: Member Ibe

Catholic Central High School is requesting a variance to allow one (1) additional 24 square foot, 54 inch high identification ground sign located at the south entrance to the property of 27225 Wixom Road. The proposed sign would include changeable copy. The property is zoned R-1 and located south of Grand River and west of Wixom Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) states"…No building or parcel of land shall be allowed more than one (1) sign permitted under this section…"

IN CASE NO 09-052 MOTION TO TABLE THIS REQUEST UNTIL THE FEBRUARY 9, 2010 ZONING BOARD OF APPEALS MEETING.

Motion Carried 5-0
Motion Maker: Member Ibe

Nicole Karr of Giggle Gang is requesting three variances to permit the licensing of a Group Day Care Home accommodating six to twelve children at her residence located at 24099 Wintergreen Circle.　 The petitioner is requesting waiver of the required fenced play area, required lot size and waiver of the request for frontage on a major thoroughfare or section line collector. The property is zoned R-1 and is located south of Ten Mile Road between Beck and Taft Roads.

CITY OF NOVI, CODE OF ORDINANCES, Section 402.4.a (1) requires all group day care homes to have a fenced in play area.

CITY OF NOVI, CODE OF ORDIANCES, Section 402.4.a (2) requires all group day care homes to have a minimum parcel size of one-half (0.5) acre.

CITY OF NOVI, CODE OF ORDINANCES, Section 402.4.a.(7) requires any parcel occupied by a group day care home to abut a major thoroughfare or section line collector road.

IN CASE NO 09-053 MOTION TO APPROVE THE THREE (3) VARIANCES THAT HAVE BEEN REQUESTED: WHICH IS THE WAIVER OF THE FENCED-IN PLAY AREA, WAIVER OF THE MINIMUM PARCEL SIZE AND WAIVER THAT THE PARCEL DOES NOT ABUT A MAJOR THOROUGHFARE. THE SETBACK, FRONTAGE, HEIGHT, BULK AND DENSITY REQUIREMENTS WILL UNREASONABLY PREVENT THE USE OF THE PROPERTY FOR A PERMITTED PURPOSE. THE VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AND SURROUNDING PROPERTY OWNERS IN THE ZONING DISTRICT. THERE ARE UNIQUE CIRCUMSTANCES OF THE PROPERTY. THE PROBLEM IS NOT SELF CREATED. THERE IS ADEQUATE LIGHT AND AIR PROVIDED TO ADJACENT PROPERTIES. THERE IS NO INCREASE OF FIRE DANGER OR PUBLIC SAFETY. THE PROPERTY VALUES WILL NOT BE DIMINISHED WITHIN THE SURROUNDING AREA AND THE SPIRIT OF THE ZONING ORDINANCE IS OBSERVED. THE VARIANCE IS GRANTED AS LONG AS THIS PETITIONER OWNS THE HOME AND IS RUNNING THIS DAYCARE.

Motion Carried: 4-0
Motion Maker: Member Skelcy

The petitioner is requesting a revised variance to allow installation of one (1) additional 48 square foot wall sign on the west elevation of the multi tenant building located at 26054 Novi Road for Bagger Dave’s. The property is zoned TC and located north of Grand River and east of Novi Road.

Section 28-5 (3) states: "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…."

IN CASE NO 09-054 MOTION TO GRANT THE PETITIONER’S REQUEST FOR THE REVISED VARIANCE TO ALLOW THE INSTALLATION OF ONE ADDITIONAL 48 SF WALL SIGN ON THE WEST ELEVATION OF THE MULTI TENANT BUILDING. THE REQUEST IS BASED UPON CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY AND THE PROBLEM IS NOT SELF CREATED. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT PROPERTIES. GRANTING THIS REQUEST IS CONSISTENT WITH THE SPIRIT OF THE ORDINANCE.

Motion Carried 5-0
Motion Maker: Member Ibe

Meeting adjourned at 8:32 PM.