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REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, March 4, 2003 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call Members Bauer, Brennan, Gray, Gronachan, 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

Approval of Minutes – February 4, 2003

Public Remarks

1) Case No. 03-002 filed by David Cook, prospective buyer of vacant property at 5022-03-454-014 – Idlemere Subdivision

David Cook is requesting five (5) variances for the construction of a new home located in Idlemere Subdivision, sidwell # 5022-03-454-014. The variances requested are for the following; a twenty one (21) foot front yard setback variance off of Owenton Road, a four (4) foot side yard setback variance, a twenty foot, six inch (20’6") variance for an uncovered porch facing Owenton Road, a ten (10) foot rear yard setback variance and a five (5) percent variance for lot coverage. The property is zoned R-4 and is reviewed as a corner lot. Please note that this is a continuation from last month.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum front yard setback of thirty (30) feet.

Required front yard setback (Owenton): 30 feet

Proposed: 9 feet

Variance: 21 feet

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet.

Required side yard setback: 10 feet

Proposed: 6 feet

Variance: 4 feet

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum rear yard setback of thirty five (35) feet.

Required rear yard setback: 35 feet

Proposed: 25 feet

Variance: 10 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 2907 states "An open, unenclosed and uncovered porch or paved terrace may project into a required front yard setback for a distance not exceeding four (4) feet…"

Required uncovered porch setback (Owenton): 26 feet

Proposed: 5.5 feet

Variance: 20.5 feet

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" states that twenty five (25) percent is the maximum allowed lot coverage of all buildings in a R-4 District.

Proposed lot coverage: 30%

Maximum allowed: 25%

Variance: 5%

2) Case No. 03-004 filed by Robb Perrin representing Modern Skate & Surf at 44275 12 Mile Road (Fountain Walk)

Robb Perrin of Burkett Signs, Inc. is requesting one (1) sign variance to erect a one hundred forty four (144) square foot wall sign for Modern Skate & Surf at 44275 Twelve Mile Road in the Fountain Walk development.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)i.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."

Proposed: 144 square feet

Maximum allowed: 40 square feet

Variance: 104 square feet

3) Case No. 02-111 filed by Khanh Pham for Waltonwood at Twelve Oaks – Phase II

Khanh Pham of Singh Development Company is requesting two (2) variances for the construction of Phase II of Waltonwood at Twelve Oaks. The requested variances are for a fourteen (14) foot rear yard setback variance and a waiver of the noise analysis. The property is zoned RM-1.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a seventy five (75) foot rear yard setback.

Required rear yard setback: 75 feet

Proposed: 61 feet

Variance: 14 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 2519, Paragraph (10)(c), "Performance Standards" requires the applicant to submit a noise analysis.

The applicant is requesting a waiver of this standard.

4) Case No. 03-005 filed by Harry Chawney, prospective buyer of 43420 Nine Mile Road (Lot 7 – Brookland Farms)

Harry Chawney, prospective buyer, is requesting a height variance to allow a three-story home to be constructed at 43420 Nine Mile Road, Lot 7 in the Brookland Farms Subdivision, sidwell #5022-27-477-014. The property is zoned R-3.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" allows a maximum height of a residential structure at 2 ½ stories and thirty five (35) feet.

Proposed height of structure: 3 stories

Maximum allowed: 2 ½ stories

Variance: ½ story

5) Case No. 03-006 filed by John Richards Homes of Autumn Park – 46355 White Pines Drive (Lot 127)

Carrie Bashista of John Richards Homes is requesting a one (1) year extension for an existing construction trailer at 46355 White Pines Drive, Lot 127 in Autumn Park Subdivision. Please refer to ZBA Case #01-097 and TUP #00-039.

6) Case No. 03-007 filed by Reverend Richard Elmer of Catholic Central High School

Reverend Richard Elmer is requesting five (5) variances to allow Special Land Use approval and Preliminary Site Plan approval for the construction of Catholic Central High School located on the west side of Wixom Road and south of Grand River. The applicant is seeking the following variances; a fifty five (55) foot height variance for the football field lighting, a variance to the cut-off angle of the football field lighting from ninety (90) degrees to forty five (45) degrees, a variance for the requirements for obscuring earth berms or walls for those portions of the property that abut residentially zoned property, a variance for the requirement of a berm or wall abutting the Wixom Road right-of-way and a variance of approximately 1,300 square feet for the interior parking lot landscape requirement.

CITY OF NOVI, CODE OF ORDINANCE, Section 2511, Paragraph 3a, "Required Conditions" states that lighting in a residential district and for uses adjacent to residential districts shall not be mounted in excess of twenty five (25) feet above grade.

Proposed football field lighting height: 80 feet

Maximum allowed: 25 feet

Variance: 55 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 2511, Paragraph 3.1.(2) states where a site abuts a residential district, all fixtures shall have a cut-off angle of ninety (90) degrees or less.

Proposed cut off angle for football field lighting is at forty five (45) degrees.

CITY OF NOVI, CODE OF ORDINANCE, Section 2509.6, Paragraph (a) states that obscuring earth berms and walls shall be provided and maintained on those sides abutting or adjacent to a residential district.

Property does abut residentially zoned property and applicant is requesting a variance to this requirement.

CITY OF NOVI, CODE OF ORDINANCE, Section 2509.7 "Landscape Planting Buffers Abutting the Right-of-Way" states that landscape buffers shall be installed and maintained adjacent to existing or proposed public right-of-way…

Property does abut the Wixom Road right-of-way and applicant is requesting a variance to this requirement.

CITY OF NOVI, CODE OF ORDINANCE, Section 2509.8b "Parking Area Landscaping Requirements – Special Land Uses" states that Parking Area Landscape Requirement comply with Section 2509.8.

Required parking lot interior landscaping: 14,140 square feet

Proposed: 12,848 square feet

Variance: 1,300 square feet (approximately)

7) Case No. 03-008 filed by John Richards Homes of Autumn Park – 23031 Argyle Street (Lot 120)

Carrie Bashista of John Richards Homes is requesting a rear yard setback variance of 9.62 feet for the construction of a new home to be located at 23031 Argyle Street, Lot 120 in Autumn Park Subdivision. The property is zoned R-1.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum rear yard setback of thirty five (35) feet.

Required rear yard setback: 35 feet

Proposed: 25.38 feet

Variance: 9.62 feet

 

 

8) Case No. 03-009 filed by Planet Neon representing Novi Town Center

Kevin Blake of Planet Neon is requesting four (4) variances to add verbiage to four (4) existing entranceway signs for the Novi Town Center.

Sign A:

CITY OF NOVI, CODE OF ORDINANCE, Section 28-1(1) "Definitions":

"Business center sign means a sign which identifies the name and/or logo of a business center and which does not contain any additional information regarding individual stores, services, businesses, institutions, organizations or industries located within the planned complex or contiguous stores."

The applicant is requesting permission to add the following verbiage to the existing permitted business center sign, "Borders, Comp USA, Linens N’Things, Old Navy, Mervyns, Novi Town Center 8, TJ Maxx, Ballys Total Fitness".

Signs B, C and D:

ZONING BOARD OF APPEALS CASE #1518:

That in Case No. 1518/A, B, C, the requested variance for three (3) additional signs is granted subject to the verbiage reading, "Novi Town Center, A Trammell Crow Company Development."

The applicant is requesting permission to add the following verbiage to the three (3) existing signs, "Borders, Comp USA, Linens N’Things, Old Navy, Mervyns, Novi Town Center 8, TJ Maxx, Ballys Total Fitness".

9) Case No. 03-010 filed by Sign Fabricators representing Farm Bureau Insurance at 47680 Grand River – Westmarket Square

John Prieur of Sign Fabricators is requesting one (1) sign variance to erect a wall sign at 47680 Grand River for Farm Bureau Insurance in the Westmarket Square development.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)i.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."

Proposed: 40 square feet

Permitted: 24 square feet

Variance: 16 square feet

OTHER MATTERS

1) Discussion on whether to add the language "Please turn off pagers and cell phones during the meeting" under Rules of Conduct