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ACTION SUMMARY

REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI

Tuesday, August 14, 2001 – 7:30 p.m.

Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

AGENDA

Roll call Members Brennan, Fannon, Gray, Gronachan, Sanghvi and Reinke

Absent Member Bauer (excused)

Rules of Conduct:

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.

Approval of Agenda – approved with amendments

Approval of Minutes – Regular minutes of July 17, 2001 – approved with amendments

Public Remarks - None

1) Case No. 01-059 filed by Taylor Scott Architects representing The Great Indoors (Starbuck’s)

Christoper Goble of Taylor Scott Architects is requesting a sign variance to allow illumination of the Starbuck’s sign to be located in The Great Indoors.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-8(14)b states "Business signs displayed through building glass area where such sign…is not illuminated."

Applicant is seeking an illuminated sign.

APPLICANT DID NOT SHOW UP – TABLED TO SEPTEMBER MEETING

2) Case No. 01-058 filed by Planet Neon representing Salon Luna

Dave Hanna representing Salon Luna is requesting a variance to erect a 6’ x 5’ illuminated ground sign to be located at 41300 W. Ten Mile Road. Please see previous Case No. 1732.

MOTION: THAT IN CASE NO. 01-058 TO APPROVE THE SIGN OF TWENTY FIVE (25) SQUARE FEET FOR BUSINESS IDENTIFICATION

3) Case No. 01-061 filed by Joel Street of 117 Charlotte

Joel Street of 117 Charlotte is seeking a variance to allow the existing 4’ x 10’ shed to remain in the front yard and closer to the side yard and the main building than Ordinance allows.

CITY OF NOVI, CODE OF ORDINANCES, Section 2503.1.B. states:

"Accessory buildings shall not be erected in any required front yard or in any required exterior side yard."

Applicant is seeking permission to allow the shed to remain in the front yard.

CITY OF NOVI, CODE OF ORDINANCES, Section 2503.1.D. states:

"No detached accessory building shall be located closer than ten (10) feet to any main building nor shall it be located closer than six (6) feet to any interior side lot or rear lot line."

Required side yard setback: 6 feet

Proposed: 1.5 feet

Variance: 4.5 feet

MOTION: THAT IN CASE NO. 01-061 TO GRANT THE VARIANCE REQUEST TO ALLOW THE EXISTING 4’ X 6’ SHED TO REMAIN IN ITS LOCATION

4) Case No. 01-062 filed by Gary Kade representing homeowners of 24704 Venice Drive

Gary Kade representing homeowners of 24704 Venice is requesting a 6.85 foot rear yard setback variance to allow a sunroom addition to be constructed on an existing deck. The existing deck meets the requirements of the City of Novi Ordinance.

Required rear yard setback: 35 feet

Proposed: 28.15 feet

Variance: 6.85 feet

MOTION: THAT IN CASE NO. 01-062 TO GRANT THE PETITIONER’S REQUEST OF A 6.85 REAR YARD SETBACK VARIANCE WITH THE STIPULATION THAT THE ADDITION IS WITHIN THE CONFINES OF THE EXISTING DECK

5) Case No. 01-064 filed by Charles & Lydia Pratt of 23051 Argyle Street

Charlie & Lydia Pratt are requesting a seven (7) foot rear yard setback variance to allow a screened sun porch to be constructed at 23051 Argyle Street. The existing house is located on a corner lot.

Required rear yard setback: 35 feet

Proposed: 28 feet

Variance: 7 feet

MOTION: THAT IN CASE NO. 01-064 TO APPROVE THE VARIANCE REQUEST FOR A SEVEN (7) FOOT REAR YARD SETBACK VARIANCE DUE TO THE FACT THAT THIS LOT IS ON A CORNER AND THAT THE REQUESTED VARIANCE BACKS UP TO ARGYLE PARK SO THERE WILL BE NO HARM TO ANY NEIGHBORS

6) Case No. 01-066 filed by John Carroll representing Galyan’s

John Carroll representing Galyan’s is requesting a sign variance to be located at 44225 12 Mile Road (Fountain Walk).

Sign area requested: 222 square feet

Permitted: 40 square feet

Variance: 182 square feet

MOTION: THAT IN CASE NO. 01-066 TO GRANT THE PETITIONER’S REQUEST AS AMENDED TONIGHT FOR A VARIANCE TO CONSTRUCT A 198 SQUARE FOOT SIGN

7) Case No. 01-067 filed by Wayne Miller representing Fountain Walk

Wayne Miller representing Fountain Walk is requesting several sign variances for banners, a ground portal sign and advertising signs uniformity.

REQUEST A (BANNERS) – 1 variance:

CITY OF NOVI, CODE OF ORDINANCES, Section 28-11(b)(2) "Prohibited Signs" states:

"The following signs shall not be permitted, erected or maintained in any district…banners, pennants, spinners and streamers."

Applicant is requesting a variance to allow light pole mounted, non-advertising graphic banners.

REQUEST B (GROUND PORTAL SIGN) – 3 variances:

1) CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a1i "Area" states:

"Except as provided below, ground signs shall not exceed a maximum of thirty (30) square feet or one (1) square foot for each two (2) feet the sign is setback, whichever is greater…"

Permitted square footage: 30 sq. ft.

Requested: 200 sq. ft.

Variance: 170 sq. ft.

2) CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) "Number of signs" states:

"…no building or parcel of land shall be allowed more than one (1) sign permitted…"

3) CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a2ii "Height" states:

"All other ground signs shall not exceed a height of five (5) feet…"

Permitted height: 5 feet

Requested: 25 feet

Variance: 20 feet

REQUEST C (ADVERTISING SIGNS UNIFORMITY) – 1 variance:

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

"…signs on a building or within a center shall be of a common style…"

Applicant is requesting permission to allow each individual tenant to create their own design for their storefronts.

TABLED TO SEPTEMBER MEETING

8) Case No. 01-068 filed by Michael Kahm representing Churchill Crossing

Michael Kahm representing Churchill Crossing is requesting a sign variance to allow two (2) twenty four (24) square foot entranceway signs to be located on either side of the main boulevard.

MOTION: THAT IN CASE NO. 01-068 TO GRANT THE VARIANCE REQUEST FOR TWO (2) TWENTY (20) SQUARE FOOT SIGNS FOR SUBDIVISION IDENTIFICATION

9) Case No. 01-069 filed by Angelo Zervos of 22360 Anna Maria Ct.

Angelo Zervos of 22360 Anna Maria Ct. is requesting to construct a new single family home and is in need of an exterior side yard setback variance (north side).

Required side yard setback: 30 feet

Proposed: 25 feet

Variance: 5 feet

APPLICANT WITHDREW HIS APPLICATION

10) Case No. 01-071 filed by Edmond Hagopian of Hagopian Rugs

Edmond Hagopian of Hagopian Rugs is requesting a variance to erect a tent from September 8th through September 23rd for a temporary sale on the Hotel Baronette property.

CITY OF NOVI, CODE OF ORDINANCES, Section 3004.1.a. "Temporary Use Permits" states that temporary special land uses for tent sales are allowed in OSC, B-1, B-2, B-3, I-1, I-2 and P-1 Districts.

Applicant is requesting permission to erect a tent on the Hotel Baronette property located in the RC (Regional Center) District.

APPLICANT DID NOT SHOW UP – TABLED TO SEPTEMBER MEETING

11) Case No. 01-070 filed by Don Saven of the City of Novi

Don Saven, Building Official of the City of Novi, is requesting an interpretation of Section 2908, "Projections into Yards" to allow escape or rescue openings for habitable basements to be considered as an allowable projection with a maximum projection of five feet into a required side yard setback. Openings shall be limited to eight (8) inches above grade with cover to be flush with top of opening.

CITY OF NOVI, CODE OF ORDINANCE, SECTION 3104, "Jurisdiction", Paragraph 1 (c) states that the Zoning Board of Appeals has the power to interpret the provisions of this Ordinance in such a way as to carry out the intent and purpose of the plan.

CITY OF NOVI, CODE OF ORDINANCE, SECTION 2908, "Projections into Yards" states that projections may extend or project into a required side yard not more than two (2) inches for each one foot of width of such side yard.

Proposed side yard projection: 5 feet (60 inches)

Maximum allowable projection: 1 foot, 8 inches (20 inches)

Variance: 3 feet, 4 inches (40 inches)

MOTION: THAT IN CASE NO. 01-070 TO ADOPT THE LANGUAGE GIVEN TONIGHT AS THE BOARD’S INTERPRETATION AS STATED "THAT AN EMERGENCY ESCAPE AND RESCUE OPENING WINDOW WELL FOR A BASEMENT WITH HABITABLE SPACE, THAT IS REQUIRED BY APPLICABLE CONSTRUCTION CODES IS NOT AN OCCUPANCY OR OBSTRUCTION IN A MINIMUM YARD OPEN SPACE PROVIDED IT DOES NOT EXTEND MORE THAN FIVE (5) FEET INTO THE REQUIRED YARD, DOES NOT EXTEND MORE THAN EIGHT (8) INCHES ABOVE GRADE AND THE COVER IS FLUSH WITH THE TOP OF THE OPENING"

OTHER MATTERS

1) Discussion of Hagopian – Temporary Use Permit process

2) Conference for Mackinac Island

3) Minutes – court reporter

Meeting adjourned at 9:15 pm