REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Wednesday, November 8, 2000 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.
Roll callMembers Bauer, Harrington, Reinke, Fannon, Brennan, Sanghvi and Kocan
Approval of Agenda
Approval of Minutes– August 1, 2000, September 12, 2000 and October 3, 2000
Case No. 00-067 filed by Guernsey
Martin McGuire, representing Guernsey Farms Dairy is requesting two (2) variances: a variance to the loading/unloading space in the rear yard and a variance to the interior landscape parking islands located on the north parking lot.
NOVI CODE OF ORDINANCES, SECTION 2507, para (2) states: "Loading and unloading space shall be provided in the rear yard."
Proposed plan indicated loading/unloading space within the side yard.
NOVI CODE OF ORDINANCES, SECTION 2509, para (8) (b) (1) requires one (1) square foot of interior landscape island for each ten (10) square feet of parking space.
Applicant requests relief for the landscape islands.
Case No. 00-072 filed by Dean Waldrup of 339 South Lake Drive
Dean Waldrup is requesting a variance of three hundred fifty (350) square feet and a 3.5 foot height variance to allow construction of a new garage at 339 South Lake Drive.
NOVI CODE OF ORDINANCES; SECTION 2503, PARAGRAPH (G), "ACCESSORY USES," requires a maximum of 850 square feet for an accessory structure in an R-4 zoning district.
Proposed structure: 1200 sq. ft.
Maximum allowed: 850 sq. ft.
Variance: 350 sq. ft.
NOVI CODE OF ORDINANCES, SECTION 2503, PARAGRAPH (F), "ACCESSORY USES," requires that no accessory structure exceed 14 feet in height.
Proposed structure: 17.5 feet (Mean average)
Maximum allowed: 14 feet
Variance: 3.5 feet
*Please note that the existing accessory structure on the property will be removed.
Case No. 00-026 filed by Metro Detroit Signs, representing Value City Furniture
Patti Krula of Metro Detroit Signs, representing Value City Furniture is requesting a sign variance of two hundred ten (210) square feet.
Proposed: 250 sq. ft.
Permitted: 40 sq. ft.
Variance: 210 sq. ft.
Case No. 00-027 filed by Metro Detroit Signs, representing Bed Bath & Beyond
Patti Krula of Metro Detroit Signs, representing Bed Bath & Beyond is requesting a sign variance of one hundred ten (110) square feet.
Proposed 150 sq. ft.
Permitted 40 sq. ft.
Variance 110 sq. ft.
Case No. 00-070 filed by Howard Copeland, representing Novi Crushed Concrete
Howard Copeland representing Novi Crushed Concrete is requesting four (4) variances to allow his business at 46900 West Twelve Mile Road. The west property line of this property abuts the City of Wixom residential zoning.
NOVI CODE OF ORDINANCES, ARTICLE 24, SECTION 2400, "SCHEDULE OF REGULATIONS," requires a side yard setback of fifty (50) feet. Paragraph (m) further requires, when adjacent to residential property the setback is one hundred (100) feet.
East side yard setback: Required: 50 feet
Proposed: 18 feet (weigh scale)
Variance: 32 feet
West side yard setback (abutting residential): Required: 100 feet
Proposed: 45.5 feet
Variance: 54.5 feet
NOVI CODE OF ORDINANCES, ARTICLE 24, SECTION 2400, "SCHEDULE OF REGULATIONS," requires a side setback for parking at twenty (20) feet. Paragraph (i,2) further requires when adjacent to residential property the side setback for parking is one hundred (100) feet.
East side parking setback: Required: 20 feet
Proposed: 18 feet
Variance: 2 feet
West side parking setback: Required: 100 feet
Proposed: 90 feet
Variance: 10 feet
NOVI CODE OF ORDINANCES, SECTION 2002.4 requires a ten (10) foot high berm and fencing when adjacent to a residential district.
Proposed berm is three (3) feet in height and does not extend the entire length of the new use area. No fencing is proposed.
NOVI CODE OF ORDINANCES, SECTION 1905, PARAGRAPH 4.b.1 requires that no outdoor storage is permitted when adjacent to a residential district.
Outdoor storage is proposed.
IF VARIANCE FOR OUTDOOR STORAGE IS GRANTED:
NOVI CODE OF ORDINANCE, SECTION 2001.3 requires outdoor storage yards to be obscured by masonry, wall, landscape, earth berm, etc and to be constructed in accordance with the requirements of Section 2509 for height, location and extent of plantings.
The proposed site contains a three (3) foot high berm along the east side of the crushing operation.
NOVI CODE OF ORDINANCE, SECTION 2002.1 requires that the outdoor storage of any equipment or material shall not extend to a greater height than the on-site obscuring screen…
The proposed site has a partial three (3) foot berm adjacent to the outdoor storage.
Case No. 00-058 filed by North American Signs, representing Jared Jeweler’s
North American Signs, representing Jared’s Jewelry, is requesting the following variances for signage for location at 27795 Novi Road.
SECTION 28-6(2)b.1.(a)i.a. and SECTION 28-6(3) permits a separately owned and operated business in a business center category one (1) wall sign at the front entrance elevation not exceeding forty (40) square feet in total area.
Requesting three (3) 90.25 square foot wall signs with the verbiage "Jared the Galleria of Jewelry" on the east, south and west elevations.
Requesting three (3) 13.75 square foot diamond logo signs on the east, south and west elevations.
Requesting four (4) 4.76 square foot awning signs with the verbiage "Jared" on the west and east elevations.
Case No. 00-078 filed by John Bernard, representing Main Street
John Bernard representing Evergreen III, Inc. is requesting two (2) sign variances for the Main Street project. The proposed signs are being requested to assist the public in locating additional parking within the site. The proposed signs per the plot plan are addressed as B-2 and C-1.
SIGNS B-2 – 2 signs
NOVI CODE OF ORDINANCE, CHAPTER 28, SECTION 28-8, paragraph (10) requires locator/noncommercial message signs not exceed two (2) square feet in area.
Proposed sign (18" x 18"): 2.25 sq. ft.
Maximum allowed: 2.00 sq. ft.
Variance: .25 sq. ft.
SIGN C-1 – 1 sign
NOVI CODE OF ORDINANCE, CHAPTER 28, SECTION 28-11, paragraph (a) states that a sign not expressly permitted is prohibited.
Proposed locator sign is used as a wall sign.
Case No. 00-076 filed by Christina Kadwell, representing CVS Pharmacy
Christina Kadwell, representing CVS Pharmacy is requesting a variance to erect a second wall sign located at 42191 Fourteen Mile Road. *Please see previous Case No. 99-079.
Case No. 00-079 filed by Ronald Cieslak representing Our Lady of Victory
Ronald A. Cieslak of Merritt, McCallum, Cieslak, PC, representing Our Lady of Victory Catholic Church is requesting an interpretation of Section 2903 "Height limit" of the City of Novi Zoning Ordinance.
NOVI CODE OF ORDINANCES, SECTION 2903 "HEIGHT LIMIT" states:
"The height limitations of this ordinance shall not apply to farm buildings, chimneys, church spires, flat poles, public monuments or commercial wireless transmission towers…"
Proposed spire height is approximately 130 feet.
Case No. 00-081 filed by Philip Vincenti representing Jo Drive Industrial Building
Philip Vincenti, representing Jo Drive Industrial Building is requesting two (2) parking side yard variances and a landscape variance for parking lot setbacks.
NOVI CODE OF ORDINANCES, ARTICLE 24, SECTION 2400, "PARKING LOT SETBACKS" requires a ten (10) foot side setback for parking.
Required (west side): 10 feet
Proposed: 0 feet
Variance: 10 feet
Required (east side): 10 feet
Proposed: 0 feet
Variance: 10 feet
NOVI CODE OF ORDINANCES, ARTICLE 24, SECTION 2400 requires landscape setbacks for parking lots.
Required landscape: 9,221 sq. ft.
Proposed: 8, 197 sq. ft.
Variance: 1, 024 sq. ft.
Case No. 00-082 filed by Stone City
Roger Soulliere, representing Stone City is requesting continue use of outside storage for the patio and stone wall at the entrance to their business, located on Taft Road. *Please note that this is an expansion of their previously approved variance (Case No. 98-096).
NOVI CODE OF ORDINANCES, SECTION 1905, "REQUIRED CONDITIONS" states:
"All uses in an I-1 District shall comply with the following conditions:
1.a. Except as provided in subpart (b) all uses shall be conducted wholly within a completely enclosed building
2. Unless otherwise provided, dealing directly with consumer at retail is prohibited
Proposed additional outdoor storage is located at the entrance to their business.
Case No. 00-083 filed by Carol Wilke of 1284 East Lake Drive
Carol A. Wilke, Patio Enclosures Inc., representing the property owners of 1284 East Lake Drive is requesting a side and rear yard variance for the construction of an enclosure on the lakeside deck. *Please refer to Case No. 93-054 for previous case.
NOVI CODE OF ORDINANCES, ARTICLE 24, SECTION 2400 "SCHEDULE OF REGULATIONS," requires a ten (10) foot side yard setback variance.
Required: 10 feet
Proposed: 6.5 feet
Variance: 3.5 feet
NOVI CODE OF ORDINANCES, ARTICLE 24, SECTION 2400 "SCHEDULE OF REGULATIONS," requires a thirty (30) foot rear yard setback.
Required: 35 feet
Proposed: 30 feet
Variance: 5 feet
Case No. 00-084 filed by Lee Mamola, representing Spartan Concrete
Lee Mamola of Mamola Associate Architects PC, representing Spartan Concrete Inc. is requesting to enclose a water dependent recycling operations prior to site plan approval.
NOVI CODE OF ORDINANCES, SECTION 3003, "PERMITS," para (1) states:
"Permits not to be issued. No building permit shall be issued for the erection, alteration or use of any building or structure or part there of…which is not in accordance with all provisions of this Ordinance."
Proposed structure has not been thru the site plan process.
Case No. 00-085 filed by Nels Carlson of 1361 South Lake
Nels Carlson is requesting a variance to the "Similar/Dissimilar" Ordinance to construct a home at 1361 South Lake Drive.
NOVI CODE OF ORDINANCES, SECTION 303, para (1) states:
"The erection of single family detached dwellings shall not be grossly dissimilar to the exterior design and appearance of existing detached single family dwellings in the surrounding area."
Proposed construction is dissimilar to existing designs and appearances in surrounding area.
15) Case No. 00-087 filed by Charles Wilson representingTrans-X Industrial Building
Charles Wilson, representing Monte Costella and Company is requesting four (4) variances for the construction of the Trans X Industrial Building, parcel "Y". Variances requested are for building setback, truck well location, parking lot setback and dumpster location.
NOVI CODE OF ORDINANCES, ARTICLE 24, SECTION 2400, "SCHEDULE OF REGULATIONS" requires a building setback adjacent to residential property to have a minimum of five (5) feet of building setback for each foot of building height. Proposed height of building is 24 feet, 8 inches, requiring a 124 foot setback.
Required rear yard setback: 124 feet
Proposed: 50 feet
Variance: 74 feet
NOVI CODE OF ORDINANCES, SECTION 1905, "Required Conditions" requires that a truck well be recessed not less than sixty (60) feet from the front wall of the building. Two truck wells are being proposed.
Required recessed setback: 60 feet
Proposed: 42 feet
Variance: 18 feet
NOVI CODE OF ORDINANCES, ARTICLE 24, SECTION 2400, "SCHEDULE OF REGULATIONS," paragraph (h) requires that the minimum parking area does not extend into the minimum required front yard setback of the district.
Required parking setback (I-1 District): 40 feet
Proposed: 20 feet
Variance: 20 feet
Required parking setback (I-2 District): 50 feet
Proposed: 20 feet
Variance: 30 feet
NOVI CODE OF ORDINANCES, SECTION 2503, paragraph 1b, "Accessory Uses" requires that accessory structures not be constructed in any front or required exterior side yard.
Proposed dumpster is located at the front of the building.
1) Placement of items on the agenda