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ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, October 1, 2002 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

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

Rules of Conduct:

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

Approval of Agenda – approved as amended

Approval of Minutes - none

Public Remarks - none

1) Case No. 02-076 filed by Don Henry of Tomco Fabricating, Inc. at 25155 Haggerty

Don Henry of Tomco Fabricating, Inc. is requesting a use variance to allow outdoor storage in an I-1 Light Industrial Zoning district for the property located at 25155 Haggerty Road. The property was zoned I-2 which permitted outdoor storage related to the business use only and required an eight (8) foot high obscuring wall around the property.

CITY OF NOVI, CODE OF ORDINANCE, Article 19, Section 1905 "Required Conditions" states that all uses within an I-1 Zoning District shall be conducted within a completely enclosed building.

The applicant is requesting to maintain the outdoor storage on his property.

CASE TABLED TO NOVEMBER 4, 2002 MEETING

 

 

2) Case No. 02-080 filed by April Scott representing Jessie Farkas, prospective buyer of Lots 70 & 71 in Idlemere Park

April Scott representing Jessie Farkas, prospective buyer is requesting a rear yard setback variance of 14.25 feet and a front yard setback variance of 14 feet to place a manufactured single family home on lots 70 & 71 on Maudlin in Idlemere Park. The property is zoned R-4.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400, "Schedule of Regulations" states that the minimum rear yard setback is thirty five (35) feet and the minimum front yard setback is thirty (30) feet in an R-4 Zoning District.

Required rear yard: 35 feet

Proposed: 20.75 feet

Variance: 14.25 feet

Required front yard: 30 feet

Proposed: 16 feet

Variance: 14 feet

MOTION: THAT IN CASE NUMBER 02-080 TO DENY THE PETITIONER’S REQUEST FOR A FRONT YARD SETBACK VARIANCE AND A REAR YARD SETBACK VARIANCE DUE TO NO HARDSHIP CREATED AND THAT THE PETITIONER HAS NOT SHOWN THAT SHE CANNOT BUILD WITHOUT A LESSER VARIANCE

3) Case No. 02-083 filed by John Carroll representing Novi Party Store at 43025 Grand River

John Carroll of Carroll Installations representing Novi Party Store is requesting two (2) sign variances to erect two (2) thirty (30) square foot illuminated wall signs on the east elevation at 43025 Grand River.

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

"…no building or parcel of land shall be allowed more than one sign permitted under this section…"

The applicant is requesting permission to erect a thirty (30) square foot wall sign with verbiage to read "Novi Party Store."

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

"…no building or parcel of land shall be allowed more than one sign permitted under this section…"

The applicant is requesting permission to erect a thirty (30) square foot wall sign. The verbiage will be determined when a future tenant is found.

CASE TABLED TO NOVEMBER 4, 2002 MEETING

4) Case No. 02-087 filed by Mozart Homes LLC for Brookhaven Subdivision located at 42400 Ten Mile Road

Paul Hedemark of Mozart Homes LLC is requesting one (1) sign variance to erect a twenty five (25) square foot ground sign on property located at 42400 Ten Mile Road.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(3) "Temporary signs" states:

Sign function – "Residential business sale, rental or lease sign which identifies the sale, rental, or lease of the property upon which the sign is located or the model name of the building for sale, but not including signs on vacant unplatted property."

Area square feet (allowed): 6 feet

Proposed: 25 feet

Variance: 19 feet

CASE TABLED TO NOVEMBER 4, 2002 MEETING

5) Case No. 02-088 filed by Jamie Hawkinson of CVS Warehouse located at 43800 Genmar Drive

Jamie Hawkinson of CVS Warehouse is requesting a sign variance to replace the verbiage on the ground sign located at 43800 Genmar Drive.

ZONING BOARD OF APPEALS CASE 1568 (C) states:

"That in Case No. 1568 (C) the variance request to permit a fifty foot (50’) setback from Novi Road and a one foot (1’) setback from Genmar for placement of a sign to read "Arbor Commerce Park" is granted due to the natural topography difficulties for viewing this sign. The variance is granted based on conformance to the size renderings submitted this evening."

The applicant is requesting permission to erect the ground sign to read "CVS Distribution Center."

MOTION: THAT IN CASE NUMBER 02-088 TO GRANT THE PETITIONER’S REQUEST TO CHANGE THE VERBIAGE ON THE SIGN FROM "ARBOR COMMERCE PARK" TO "CVS DISTRIBUTION CENTER" BASED ON THE FACT OF A CHANGING MARKET AND THE OPERATION OF THE BUSINESS CHANGING ITS NAME

6) Case No. 02-089 filed by Nicholas Malles of 2111 West Lake Drive

Nicholas Malles is requesting four (4) variances for the construction of an attached garage located at 2111 West Lake Drive, Bentley Subdivision. The applicant is requesting a 5.4 foot side yard setback variance (north side), a ten foot side yard setback variance (south side), a combined side yard setback variance of 15.4 feet for both sides and a 12% lot coverage variance. The property is zoned R-4 and the applicant will be removing the shed.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with a combined total side yard setback of twenty five (25) feet and a maximum lot coverage of twenty five percent (25%).

Side yard setback required (north): 10 feet

Proposed: 4.6 feet

Variance: 5.4 feet

Side yard setback required (south): 15 feet

Proposed: 5 feet

Variance: 10 feet

Combined total side yards required: 25 feet

Proposed: 9.6 feet

Variance: 15.4 feet

Proposed lot coverage: 37%

Maximum lot coverage by Ordinance: 25%

Variance: 12%

MOTION: THAT IN CASE NUMBER 02-089 TO GRANT THE PETITIONER’S REQUEST OF A SIDE YARD SETBACK VARIANCE (NORTH) OF 5.4 FEET, A SIDE YARD SETBACK VARIANCE (SOUTH) OF 10 FEET, A COMBINED TOTAL SIDE YARD SETBACK VARIANCE OF 15.4 FEET AND A LOT COVERAGE VARIANCE DUE TO LOT SIZE AND CONFIGURATION

7) Case No. 02-090 filed by Douglas Heath of 905 South Lake Drive

Douglas Heath is requesting five (5) variances for the construction of a proposed addition to the residence located at 905 South Lake Drive, Idlemere Park Subdivision. The applicant is requesting an eight (8) foot side yard setback variance (west side), a ten (10) foot side yard setback variance (east side), a combined side yard setback variance of eighteen (18) feet for both sides, a 1.3% lot coverage variance and a twenty five (25) foot rear yard setback variance. The property is zoned R-4.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with a combined total side yard setback of twenty five (25) feet, a rear yard setback of thirty five (35) feet and a maximum lot coverage of twenty five percent (25%).

Side yard setback required (west): 10 feet

Proposed: 2 feet

Variance: 8 feet

 

 

 

Side yard setback required (east): 15 feet

Proposed: 5 feet

Variance: 10 feet

Combined total side yards required: 25 feet

Proposed: 7 feet

Variance: 18 feet

Required rear yard setback: 35 feet

Proposed: 10 feet

Variance: 25 feet

Proposed lot coverage: 26.3%

Maximum lot coverage by Ordinance: 25%

Variance: 1.3%

CASE TABLED TO NOVEMBER 4, 2002 MEETING

8) Case No. 02-091 filed by Dan Relly for Mobile Auto Trim located at 48648 Grand River

Dan Relly of Mobile Auto Trim is requesting a use variance to allow the continued use of a light auto reconditioning business located at 48648 Grand River. The applicant polishes, buffs slight imperfections and touches up small stone chips and scratches on the cars. The applicant states that all work is done in the garage, no vehicles are stored outside and there is no retail traffic. The property is zoned B-3 and is a use permitted subject to special conditions. The property was previously used as a landscape business.

CITY OF NOVI, CODE OF ORDINANCE, Section 3104 "Jurisdiction" states that the Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any changes in the terms of this Ordinance but shall have the power to authorize a use in a zoning district which it is not otherwise permitted provided it is clearly shown that the land cannot be used for a zoned use…

The applicant is requesting a use variance to allow the continued use of his business.

MOTION: THAT IN CASE NUMBER 02-091 TO GRANT THE PETITIONER’S REQUEST FOR A USE VARIANCE SUBJECT TO CONTINUING JURISDICTION AND FOR THIS PARTICULAR APPLICANT ONLY

9) Case No. 02-092 filed by Michael Hobbs of 128 Maudlin

Michael Hobbs is requesting two (2) variances for the repair and reconstruction of an existing home located at 128 Maudlin. The applicant is requesting a nineteen (19) foot front yard setback variance and a seven (7) foot side yard setback variance. The property is located in an R-4 Zoning District and portions of the home lack proper foundation.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a thirty (30) foot front yard setback and a minimum side yard setback of ten (10) feet in an R-4 Zoning District.

Required front yard setback: 30 feet

Proposed: 11 feet

Variance: 19 feet

Minimum required side yard setback: 10 feet

Proposed: 3 feet

Variance: 7 feet

MOTION: THAT IN CASE NUMBER 02-092 TO GRANT THE PETITIONER’S REQUEST OF A FRONT YARD SETBACK VARIANCE OF 17 FEET AND A SIDE YARD SETBACK VARIANCE OF 7 FEET SO THAT THE APPLICANT MAY REPLACE WHAT HAS BEEN EXISTING FOR MANY YEARS AND BRING THE HOUSE UP TO CODE, WHICH HE IS DOING A REMARKABLE JOB DOING AND CONTINUE TO IMPROVE HIS PROPERTY

OTHER MATTERS

1) Beechforest Office Park – expiration date of variance

Sarah Marchioni stated that Beechforest Office Park had been in front of the Board at the July 9, 2002 meeting. They had requested an extension of their variance to coincide with the expiration of their final site plan. The Board had granted the variance, which was to expire on July 10, 2003. The applicant’s final site plan actually expires on August 27, 2003 and would like the ZBA variance to coincide with that date. The Board members stated that they had no problem and amended their motion to have the variance extension expire on August 27, 2003.

2) Westmarket Square leasing sign – expiration date of variance

Ms. Marchioni stated that Westmarket Square had a leasing sign erected and had requested an extension on September 18, 2001. The applicant had indicated that there were three spaces vacant and would like to leave the sign up a little longer. The Board granted a variance for six months or until leased. Mr. Amolsch had requested that the Board clarify the motion. Ms. Marchioni indicated that the development may have one space vacant but the rest were leased. The Board ruled that it was time for the applicant to remove the sign.

Meeting adjourned at 8:32 p.m.