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ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, December 3, 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

Approval of Minutes – October 1, 2002 and November 4, 2002 - approved

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.

MOTION: THAT IN CASE NUMBER 02-076 TO DENY THE APPLICANT’S REQUEST OF OUTDOOR STORAGE DUE TO LACK OF CONVINCING HARDSHIP, IT IS NOT PERMITTED, ALL OF THE REASONS DISCUSSED IN PREVIOUS MEETINGS, THE ZONING CLEARLY SAYS THAT THE OUTDOOR STORAGE IS ONLY PERMITTED IF IT IS RELATED TO HIS BUSINESS AND IT WOULD BE FOR A TEMPORARY BASIS SINCE HE DOES NOT PLAN ON STAYING IN THE COMMUNITY

2) 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) twenty four (24) 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 twenty four (24) 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 twenty four (24) square foot wall sign. The verbiage will be determined when a future tenant is found.

MOTION: THAT IN CASE NUMBER 02-083 TO DENY THE APPLICANT’S REQUEST FOR TWO (2) WALL SIGNS DUE TO SELF-IMPOSED HARDSHIP BY VIRTUE OF THE DESIGN OF THE BUILDING AND SUFFICIENT BUILDING IDENTIFICATION WITH CURRENT GROUND SIGN

3) Case No. 02-098 filed by Celeste Hamilton of 209 Charlotte

Celeste Hamilton is requesting a variance to allow a 10 ft. x 12 ft. accessory structure to be located within the required front yard of her residence at 209 Charlotte. The property is zoned R-4.

CITY OF NOVI, CODE OF ORDINANCE, Section 2503 "Accessory Uses", Paragraph 1(B) states: "Accessory buildings shall not be erected in any required front yard or in any required exterior side yard."

The applicant is requesting permission to erect the accessory building in the front yard.

MOTION: THAT IN CASE NUMBER 02-098 TO GRANT THE APPLICANT’S REQUEST TO ALLOW A SHED IN THE FRONT YARD DUE TO LOT SIZE, SHAPE AND CONFIGURATION

4) Case No. 02-099 filed by Ray & Amy Elmblad of 42789 Ledgeview Drive

Ray & Amy Elmblad are requesting a twelve (12) foot rear yard setback variance for the construction of an addition and attached garage to the residence located at 42789 Ledgeview Drive. Please note: The underlining zoning district for this project previously received ZBA approval to be consistent with the rear yard setback of the R-4 Zoning District.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a thirty five (35) foot rear yard setback in a R-4 Zoning District.

Required rear yard setback: 35 feet

Proposed: 23 feet

Variance: 12 feet

MOTION: THAT IN CASE NUMBER 02-099 TO GRANT THE APPLICANT’S REQUEST FOR A TWELVE (12) FOOT REAR YARD SETBACK VARIANCE DUE TO THE PECULIAR CONFIGURATION OF THE LOT

5) Case No. 02-100 filed by Paul Choukourian of Minasian Development Corp. representing Pinnacle Office Centre

Paul Choukourian of Minasian Development Corp. is requesting one (1) sign variance to allow an expired construction sign to remain at 41850 W. Eleven Mile Road for the Pinnacle Office Centre.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(1) "Temporary Signs" states:

Max permit duration or exemption – "Not to be issued prior to building permit and is valid until issuance of last certificate of occupancy or for a period of twelve (12) months, whichever occurs first."

The applicant is requesting permission to allow the sign to remain for one (1) year.

MOTION: THAT IN CASE NUMBER 02-100 TO GRANT THE APPLICANT’S REQUEST OF A ONE (1) YEAR EXTENSION FOR HIS CONSTRUCTION SIGN FOR THE PURPOSE OF LEASING OUT THE PROPERTY

6) Case No. 02-101 filed by Glenn Schoening of 150 Pleasant Cove

Glenn Schoening is requesting two (2) variances for the construction of an addition and attached garage located at 150 Pleasant Cove. The variances requested are for a ten (10) foot front yard setback and an eight (8) foot rear yard setback. The property is zoned R-4.

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 thirty five (35) foot rear yard setback for property located in an R-4 Zoning District.

Required front yard setback: 30 feet

Proposed: 20 feet

Variance: 10 feet

Required rear yard setback: 35 feet

Proposed: 27 feet

Variance: 8 feet

MOTION: THAT IN CASE NUMBER 02-101 TO GRANT THE APPLICANT’S REQUEST FOR A TEN (10) FOOT FRONT YARD SETBACK VARIANCE AND AN EIGHT (8) FOOT REAR YARD SETBACK VARIANCE DUE TO THE SIZE OF THE LOT AND THE CONFIGURATION OF THE PROPERTY LINES

7) Case No. 02-102 filed by Lee Mamola representing Clayton Group Services at 45525 Grand River

Lee Mamola representing Clayton Group Services is requesting one (1) sign variance to erect a 25.55 square foot ground sign to be located at 45525 Grand River (Johnson Printing building).

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

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

The applicant is requesting permission to erect a 25.55 square foot ground sign.

MOTION: THAT IN CASE NUMBER 02-102 TO GRANT THE APPLICANT’S REQUEST FOR AN ADDITIONAL SIGN FOR BUSINESS IDENTIFICATION PURPOSES

8) Case No. 02-103 filed by Kelly Riddle & Robert Rutherford of 125 Austin

Kelly Riddle & Robert Rutherford are requesting a front yard setback variance of nine feet, three inches (9’ 3") for the construction of an addition on the front of the home located at 125 Austin. The property is zoned R-4.

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

Required front yard setback: 30 feet

Proposed: 20 feet, 9 inches

Variance: 9 feet, 3 inches

MOTION: THAT IN CASE NUMBER 02-103 TO APPROVE THE APPLICANT’S REQUEST FOR A NINE (9) FOOT, THREE (3) INCHES FRONT YARD SETBACK VARIANCE DUE TO LOT CONFIGURATION

9) Case No. 02-104 filed by Alden Faudie Jr. of Gillett Associates, Inc. representing the Post Bar at 42875 Grand River (Main Street)

Alden Faudie Jr. of Gillett Associates, Inc. is requesting a variance of forty five (45) parking spaces for the Post Bar, a new tenant space located at 42875 Grand River (Vic’s Market building). Although parking spaces for this building meets the parking space requirements for this proposed use, the dual function of off street parking with other Main Street buildings indicates an overall deficiency of parking for the existing and proposed buildings as was included in the approved site plan.

CITY OF NOVI, CODE OF ORDINANCE, Section 2505, Paragraph 8, "Off Street Parking Requirements" requires that a "Shared Parking Study" be provided when there is a reduction in the number of off street parking spaces and is designated a dual function by more than one land use.

Shared parking per approved plan: 2260 parking spaces

New "Shared Parking Study" plan: 2305 parking spaces

Variance: 45 parking spaces

MOTION: THAT IN CASE NUMBER 02-104 TO GRANT THE APPLICANT’S REQUEST FOR FORTY FIVE (45) PARKING SPACES AT THIS TIME DUE TO THE CHANGING NATURE OF OCCUPANCIES AND BUILD-OUT IN THE MAIN STREET AREA

10) Case No. 02-105 filed by Michael Fellows of Mozart Homes LLC for Brookhaven Subdivision at 42400 Ten Mile Road

Michael Fellows of Mozart Homes LLC is requesting three (3) variances for lot frontage for lots 8, 9 and 10, three (3) lot width variances and three (3) front yard setback variances for the proposed Brookhaven Subdivision, a site condominium development located on Ten Mile Road, west of Meadowbrook Glens Subdivision. The property is zoned R-4.

CITY OF NOVI, CODE OF ORDINANCE, Section 2517 "Frontage on a Public Street" requires that a lot or parcel front directly on a public street.

Lots 8, 9 and 10 have deficient lot frontage on a public street.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum lot width of eighty (80) feet in an R-4 Zoning District.

Required width – Lot 8: 80 feet

Proposed: 14 feet

Variance: 66 feet

Required width – Lot 9: 80 feet

Proposed: 10 feet

Variance: 70 feet

Required width – Lot 10: 80 feet

Proposed: 10 feet

Variance: 70 feet

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

Required front yard setback – Lot 8: 30 feet

Proposed: 26 feet

Variance: 4 feet

Required front yard setback – Lot 9: 30 feet

Proposed: 28 feet

Variance: 2 feet

Required front yard setback – Lot 10: 30 feet

Proposed: 10 feet

Variance: 20 feet

MOTION: THAT IN CASE NUMBER 02-105 TO GRANT THE APPLICANT’S REQUEST FOR THE THREE LOTS (8, 9 AND 10) DUE TO THE PECULIAR CONFIGURATION OF THE LOTS AND THAT END OF THE SUBDIVISION. ALSO, THAT IT DOES MEET THE PRACTICUL DIFFICULTY STANDARDS. THE BOARD HAS LOOKED AT THE HARDSHIP BASED ON THE NEIGHBORS, THE COMMUNITY STANDPOINT OF LESS TRAFFIC IN THIS AREA AND THAT THIS IS NOT A SELF-CREATED HARDSHIP.

11) Case No. 02-106 filed by Thomas Price of @ Wireless d/b/a Crown Wireless at 27793 Novi Road (West Oaks II)

Thomas Price of Crown Wireless d/b/a @ Wireless is requesting one (1) sign variance to erect a 23.88 square foot wall sign to be located at 27793 Novi Road (West Oaks II Shopping Center).

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

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

The applicant is requesting permission to erect a 23.88 square foot wall sign.

MOTION: THAT IN CASE NUMBER 02-106 TO GRANT THE APPLICANT’S REQUEST FOR AN ADDITIONAL SIGN FOR PURPOSE OF BUSINESS IDENTIFICATION

 

OTHER MATTERS

 

Meeting adjourned at 10:25 p.m.