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REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF
Roll call Members Bauer, Brennan, Fannon, Gray, Gronachan, Sanghvi and Reinke
Rules of Conduct:
Approval of Agenda – approved as amended
Approval of Minutes – November 5, 2001 (postponed to February meeting) and December 4, 2001 (approved)
Public Remarks - None
1) Case No. 01-089 filed by Gregory Gnatek of 2023 West Lake Drive
Gregory Gnatek is requesting three (3) variances for the construction of a detached garage located at 2023 West Lake Drive. The variances requested are for a front yard variance of fourteen (14) feet, a north side yard variance of 1.33 feet, and a south side yard variance of three (3) feet.
CITY OF NOVI, CODE OF ORDINANCE, Section 2910, Paragraph 2, "Lots having Water Frontage" states that accessory structures shall be permitted upon such water frontage lots in the setback between the road right-of-way and the main building provided the front yard setback is maintained.
Required front yard setback: 30 feet
Proposed front yard setback: 16 feet
Variance: 14 feet
Original variance request: 20 feet
CITY OF NOVI, CODE OF ORDINANCE, Section 2503, "Accessory Buildings", Paragraph 1D states that no detached accessory building shall be located any closer than ten (10) feet to any main building nor shall be located any closer than six (6) feet to any interior side lot or rear lot line.
Required side yard setback (North): 6 feet
Proposed side yard setback: 4.67 feet
Variance: 1.33 feet
Original variance request: .33 feet
Required side yard setback (South): 6 feet
Proposed side yard setback: 3 feet
Variance: 3 feet
Original variance request: 4 feet
MOTION: THAT IN CASE NO. 01-089 TO GRANT THE PETITIONER’S REQUEST AS PRESENTED TONIGHT FOR A FOURTEEN (14) FOOT FRONT YARD VARIANCE, A NORTH SIDE YARD VARIANCE OF 1.33 FEET AND A SOUTH SIDE YARD VARIANCE OF THREE (3) FEET DUE TO LOT CONFIGURATION
2) Case No. 01-095 filed by Karl Wizinsky of 26850 Wixom Road
Karl Wizinsky, residing at 26850 Wixom Road is appealing the decision of the Planning Commission regarding the Preliminary Site Plan approval of the Novi Promenade project. This appeal is based upon the Novi Code of Ordinances, Section 2509, Paragraph 6, "Requirements for Earth Berms and Walls."
CITY OF NOVI, CODE OF ORDINANCE, Section 2509, Paragraph 6 "Earth Berms and Walls" states that in a B-2 and B-3 District (the property is zoned I-1, Light Industrial but the consent agreement allows for B-2 and B-3 uses) a six (6) foot berm must be constructed.
Applicant is appealing the decision of the Planning Commission based on the requirements of Section 2509, Paragraph 6, "Earth Berms and Walls." He would like an additional six (6) feet in height added to the six (6) foot berm that was approved by the Planning Commission.
MOTION: THAT IN CASE NO. 01-095 TO FIND THAT THE APPLICANT IS AGGRIEVED BECAUSE HE IS THE ADJOINING PROPERTY OWNER ON RESIDENTIAL PROPERTY AND A LONG TIME NOVI RESIDENT ABUTTING NEW COMMERCIAL
MOTION: THAT IN CASE NO. 01-095 THAT THE PETITIONER HAS PRESENTED SUFFICIENT INFORMATION TO LEAD THE BOARD TO BELIEVE THAT THERE IS SOME AMBIGUOUSNESS TO THE INTERPRETATION OF THE ORDINANCE AS WELL AS THE PRESENTATION MATERIAL THAT HAS BEEN SUBMITTED TONIGHT WHICH PLANNING HAS NOT SEEN THAT WOULD LEAD THE BOARD TO BELIEVE THAT THERE IS NOT SUFFICIENT SCREENING. THE BOARD RECOMMENDS THAT THIS MATTER BE RETURNED TO PLANNING FOR FURTHER REVIEW.
3) Case No. 01-096 filed by Don Marhofer representing Saratoga Circle and Camden Court
Don Marhofer of S.R. Jacobson is requesting a second extension of two (2) previously granted sign variances that have expired for the Saratoga Circle and Camden Court Development. The first variances is a 4’ x 8’ (32 sq. ft.) ground sign located at the southwest corner of Thirteen Mile and Novi Roads. The second variance is a 4’ x 8’ (32 sq. ft.) ground sign located at the north corner of Novi Road and Old Novi Road. *Please refer to ZBA Case No.’s 99-038, 99-039 and 00-095.
MOTION: THAT IN CASE NO. 01-096 TO APPROVE THE VARIANCE FOR ONE (1) YEAR BASED ON THE SIGNS THAT WERE PRESENTED TONIGHT AND NO ADDITIONAL SIGNAGE ON THE SIGNS
4) Case No. 01-097 filed by Chris Costello representing Autumn Park
Chris Costello representing Autumn Park is requesting an extension of one (1) year for an existing trailer located on lot 127.
MOTION: THAT IN CASE NO. 01-097 TO APPROVE THE APPLICANT’S REQUEST TO EXTEND THE CONSTRUCTION TRAILER PERMIT FOR ONE (1) YEAR OR UNTIL THE PROJECT IS SOLD OUT
5) Case No. 01-098 filed by Danelle Marshall of 1315 East Lake Drive
Danelle Marshall, prospective buyer for 1315 East Lake Drive, is requesting a variance to allow her dog grooming business in the second building on the property (not the main house).
CITY OF NOVI, CODE OF ORDINANCES, Section 401.5 "Principal Uses Permitted" states:
"In a One-Family Residential District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless other wise provided in this Ordinance…Home occupations, as set forth and regulated in Section 201 of this Ordinance."
The applicant would like to conduct her dog grooming business at home.
CITY OF NOVI, CODE OF ORDINANCES, Section 201.b "Home Occupation" definition states:
"Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which…the home occupation is conducted wholly within the main building by the residents thereof."
The applicant would like to conduct her business in a second building on the property that is not the main building.
MOTION: THAT IN CASE NO. 01-098 TO DENY THE VARIANCE REQUEST BECAUSE THERE HAS NOT BEEN ANY UNNECESSARY HARDSHIP SHOWN THAT THE PROPERTY CANNOT BE USED AS ZONED
6) Case No. 01-099 filed by Lisa Parmentier of Patisserie Parmentier
Lisa Parmentier of Patisserie Parmentier is requesting a use approval to allow a wholesale/retail bakery in a Non Center Commercial District (NCC) for the property located at 40001 Grand River.
CITY OF NOVI, CODE OF ORDINANCES, Article 9, Section 901, "Principal Uses Permitted", Paragraph 1 (a) requires that bakery products are to be sold only at retail on the premises.
Applicant is requesting to conduct a wholesale/retail business in an NCC zoning district.
MOTION: THAT IN CASE NO. 01-099 TO GRANT THE PETITIONER’S REQUEST DUE TO THE HARDSHIP SHOWN BECAUSE OF THE LOCATION OF THE BUSINESS AND TO LIMIT THE VARIANCE TO THIS PETITIONER ONLY
7) Case No. 01-100 filed by Michael Zambricki representing Scott Shuptrine
Michael Zambricki, attorney for Scott Shuptrine, is requesting two (2) sign variances for the store located at 43606 West Oaks Drive. The existing signage is currently 67.5 square feet. Please refer to Case No. 1861A-B.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)b.a. states:
"A wall sign displayed on a building occupied by two (2) or more businesses shall not exceed twenty four (24) square feet, or one (1) square foot of signage for every two (2) lineal feet of business frontage to a maximum of forty (40) square feet."
Requested: 125 square feet
Permitted: 40 square feet
Variance: 85 square 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…"
Applicant is requesting permission to allow a second wall sign.
MOTION: THAT IN CASE NO. 01-100 TO GRANT THE APPLICANT’S SIGN REQUEST DUE TO THE HARDSHIP RELATED TO THE LOCATION OF THE STORE AND NOT BEING ADEQUATELY VISIBLE
8) Case No. 01-101 filed by Lee Mault representing Haggerty Pumping Station
Lee Mault of Tetra Tech, MPS, is requesting three (3) variances for the construction of the Haggerty Road Pump Station located at parcel number 5022-01-200-034, south side of 14 Mile Road, ¼ mile west of Haggerty Road. Variances requested are for parking space reduction, a thirty (30) inch berm waiver and building separation distance between structures.
CITY OF NOVI, CODE OF ORDINANCES, Section 2509.7 "Landscape Planting Buffers Abutting the Right-of-Ways", Paragraph (c) requires a minimum of a thirty (30) inch berm abutting a right-of-way.
Applicant is requesting deletion of the berm.
CITY OF NOVI, CODE OF ORDINANCES, Section 2400, Paragraph (e) and (m) requires a minimum building separation of 66.92 feet.
Required building separation: 66.92 feet
Proposed: 44.69 feet
Variance: 22.23 feet
MOTION: THAT IN CASE NO. 01-101 TO GRANT THE PETITIONER’S REQUEST FOR THE DELETION OF THE BERM AND A BUILDING SEPARATION OF 36.92 FEET
9) Case No. 01-102 filed by Craig Klaver representing Meadowbrook Commons
Craig Klaver, representing the Novi Building Authority, for the City of Novi is requesting two (2) sign variances for the entranceway sign to Meadowbrook Commons located at 25075 Meadowbrook Road.
CITY OF NOVI, CODE OF ORDINANCES, Chapter 28, Section 28-6, Paragraph 2(d)(2) requires a maximum entranceway sign height of five (5) feet.
Proposed sign height: 6 feet, 3 inches
Maximum allowable height: 5 feet
Variance: 15 inches
CITY OF NOVI, CODE OF ORDINANCES, Chapter 28, Section 28-6, Paragraph 2(d)(1) requires a maximum square footage for an entranceway sign to be twenty four (24) square feet.
Proposed square footage: 38 square feet
Maximum allowable square footage: 24 square feet
Variance: 14 square feet
MOTION: THAT IN CASE NO. 01-102 TO GRANT THE PETITIONER’S SIGN REQUEST DUE TO THE CONFIGURATION AND LANDSCAPE HARDSHIP
1) Congratulations to Don Saven
The Board congratulated Donald Saven on his award for Code Official of the Year from the Building Officials Conference of Michigan.
2) Planning Commission action summaries
The Board stated that the action summaries did not give enough information so they would like to go back to the full set of minutes.
3) Court reporter
All of the Board members felt that the court reporter was wonderful and that it was absolutely necessary to continue using. Mr. Saven stated that the application fees would have to be evaluated and increased to accommodate the cost of the court reporter.
4) Fountain Walk signage
Mr. Saven commented on the consideration for setting forth a standard for Fountain Walk. The Board asked him to supply a footprint in the next packet.
5) 1315 East Lake
Member Gray had some concerns for the property regarding the water and sewer. Mr. Saven stated that he would find the necessary information.
6) Lakeview Bar & Grille – parking
Member Gray was concerned about the parking situation for the Lakeview Bar & Grille. Mr. Saven said he would also review this subject.