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ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, May 6, 2003 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call: Members Bauer, Brennan, Gatt, Gray, Gronachan and Reinke

Absent: Member Reed (excused)

Rules of Conduct:

  1. Please turn off pagers and cell phones during the meeting.
  2. Each person desiring to address the Board shall state his / her name and address.
  3. 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.
  4. 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.
  5. No person shall be allowed to address the Board more than once unless permission is granted by the Chairperson.
  6. 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 – March 4, 2003 - removed

Public Remarks - none

1) Case No. 03-013 filed by Laura Watt of 2219 Austin

Laura Watt is requesting a 12.6 foot front yard setback variance and a 4.4 foot side yard setback variance with an aggregate total side yard setback variance of 4.4 feet. The variance is requested for the construction of a 20 x 24 (480 sq. ft.) attached garage located at 2219 Austin. The property is zoned R-4.

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

Required front yard setback: 30 feet

Proposed: 17.4 feet

Variance: 12.6 feet

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires an aggregate total side yard setback of twenty five (25) feet in an R-4 Zoning District with a minimum side yard setback of ten (10) feet on one side.

 

Required side yard setback (south side): 15 feet

Proposed: 10.6 feet

Variance: 4.4 feet

Required side yard setback (aggregate): 25 feet

Proposed: 20.6 feet

Variance: 4.4 feet

MOTION: THAT IN CASE NUMBER 03-013 TO GRANT THE PETITIONER’S MODIFIED REQUEST AS SUBMITTED THIS EVENING FOR AN ATTACHED GARAGE DUE TO LOT CONFIGURATION

2) Case No. 03-024 filed by Siegal Tuomaala representing Marty Feldman Chevrolet at 42355 Grand River

Lonny Zimmerman of Siegal Tuomaala Associates representing Marty Feldman Chevrolet is requesting a variance to allow two (2) service bay doors to face Grand River Avenue. The applicant is proposing two (2) building additions to the existing car dealership and a car storage lot . The property is on the south side of Grand River between Meadowbrook and Novi Road. The property is zoned B-3 and is 9.97 acres.

CITY OF NOVI, CODE OF ORDINANCE, Section 1403.7, Paragraph (7) states:

"No truck well, loading dock, overhead door or other type of service bay door shall face a major thoroughfare, nor an abutting residential district."

The proposed plan indicates two service doors are proposed to face a major thoroughfare.

Please note: These two (2) service doors will replace one (1) overhead service door that currently faces Grand River Avenue in the existing body shop.

MOTION: THAT IN CASE NUMBER 03-024 TO GRANT THE PETITIONER’S REQUEST TO ALLOW TWO (2) SERVICE BAY DOORS TO FACE GRAND RIVER AVENUE AND NOTING THAT ONE DOOR WILL REPLACE AN EXISTING DOOR AND THE OTHER DOOR WILL FACILITATE ACCESS TO THE BUILDING AS NECESSARY

3) Case No. 03-025 filed by Blair Bowman for Central Park Estates

Blair Bowman of Central Park LLC is requesting a one (1) year extension for an existing construction identification sign for the Central Park Estates development. The thirty two (32) square foot ground sign is located on Beck Road, south of Grand River.

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

MOTION: THAT IN CASE NUMBER 03-025 TO GRANT THE PETITIONER’S REQUEST FOR A ONE (1) YEAR EXTENSION ON THEIR EXISTING CONSTRUCTION IDENTIFICATION SIGN TO SUPPORT THE BUILD OUT OF THE PROJECT

4) Case No. 03-026 filed by Laura Golze of Caribou Coffee at 47490 Grand River (Westmarket Square)

Laura Golze of Caribou Coffee is requesting a variance to allow for temporary outdoor seating for property located at 47490 Grand River in the Westmarket Square development from the date of the meeting through October 31, 2003. The applicant would like to request the variance for a length of three years with the season running from April 1st until October 31st. Please note that the approved site plan for Westmarket Square, East Outlot indicates a patio area. Please see Case No. 02-047.

NOVI CITY CODE, SECTION 1501.2 "PRINCIPAL USES PERMITTED" states:

"Any retail business or service establishment permitted in B-1 and B-2 Districts as principal Uses Permitted and Uses Permitted subject to special conditions and subject to the restriction therein."

NOVI CITY CODE, SECTION 1401 "PRINCIPAL USES PERMITTED" states:

"…no building or land shall be used…except for one or more of the following specified uses…2.a. Any retail business whose principal activity is the sale of merchandise in an enclosed building…"

The applicant is requesting permission to allow outdoor seating from April 1st through October 31st for three years.

MOTION: THAT IN CASE NUMBER 03-026 TO GRANT THE PETITIONER’S REQUEST OF OUTDOOR SEATING FOR THREE (3) YEARS WITH THE SEASON RUNNING FROM APRIL 1ST THROUGH OCTOBER 31ST SINCE THE PETITIONER HAS DEMONSTRATED THAT THEY CAN RUN THE BUSINESS WITHOUT ANY ISSUES FROM THE BUILDING DEPARTMENT

5) Case No. 03-027 filed by National Diagnostic Services, LLC at 39595 Ten Mile Road, Suite 105

Michael Ketslakh of National Diagnostic Services, LLC is requesting a variance to allow placement of a mobile medical diagnostic service trailer to be located at 39595 Ten Mile Road (Holly Hills Professional Village) from the date of the meeting until March 1, 2004. The trailer would be placed on the east side of Dr. Sack’s office, which is located in Suite 105. The applicant has agreed that the trailer would be brought in on Friday mornings and removed by Friday afternoons. Please refer to Temporary Use Permit 02-022.

CITY OF NOVI, CODE OF ORDINANCE, Section 3004.3 states:

"Permit temporary buildings and uses for periods not to exceed two (2) years in undeveloped sections of the city and for periods not to exceed twelve (12) months in developed sections, with the granting of a twelve (12) month extension being permissible…"

The applicant is requesting permission to allow the trailer to remain from May 6, 2003 until March 1, 2004.

MOTION: THAT IN CASE NUMBER 03-027 TO GRANT THE PETITIONER’S REQUEST AS SUBMITTED TO ALLOW PLACEMENT OF A MOBILE MEDICAL DIAGNOSTIC SERVICE TRAILER ON FRIDAYS ONLY FROM THE DATE OF THE MEETING UNTIL MARCH 1, 2004. THE BUILDING DEPARTMENT WILL MAINTAIN CONTINUING JURISDICTION IF THERE ARE ANY ISSUES FROM ANY ADJACENT NEIGHBORS AND THE PETITIONER WILL HAVE TO RETURN TO THE ZONING BOARD OF APPEALS.

6) Case No. 03-028 filed by Gerald Attee of Picasso Café at 39915 Grand River

Gerald Attee of Picasso Café is requesting a variance to allow for temporary outdoor seating for property located at 39915 Grand River in the Grand Oaks Center from the date of the meeting through October 31, 2003. The applicant would like to request the variance for a length of three years with the season running from April 1st until October 31st. Please see Case No. 02-055.

NOVI CITY CODE, SECTION 1501.2 "PRINCIPAL USES PERMITTED", states:

"Any retail business or service establishment permitted in B-1 and B-2 Districts as principal Uses Permitted and Uses Permitted subject to special conditions and subject to the restriction therein."

NOVI CITY CODE, SECTION 1401 "PRINCIPAL USES PERMITTED", states:

"…no building or land shall be used…except for one or more of the following specified uses…2.a. Any retail business whose principal activity is the sale of merchandise in an enclosed building…"

The applicant is requesting permission to allow outdoor seating from April 1st through October 31st for three years.

MOTION: THAT IN CASE NUMBER 03-028 TO GRANT THE PETITIONER’S REQUEST OF OUTDOOR SEATING FOR THREE (3) YEARS WITH THE SEASON RUNNING FROM APRIL 1ST THROUGH OCTOBER 31ST SINCE THE PETITIONER HAS DEMONSTRATED THAT THEY CAN RUN THE BUSINESS WITHOUT ANY ISSUES FROM THE BUILDING DEPARTMENT

7) Case No. 03-029 filed by Daniel Carrier of 42746 Ledgeview Drive

Daniel Carrier is requesting a five (5) foot rear yard setback variance for the construction of a proposed kitchen and three season sunroom addition for the residence located at 42746 Ledgeview, Unit 8 in the Vista Hills Subdivision. The property is located south of Thirteen Mile between Novi and Meadowbrook Road. 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 an R-4 Zoning District.

 

Required rear yard setback: 35 feet

Proposed: 30 feet

Variance: 5 feet

MOTION: THAT IN CASE NUMBER 03-029 TO GRANT THE PETITIONER’S REQUEST FOR A FIVE (5) FOOT REAR YARD SETBACK VARIANCE DUE TO LOT CONFIGURATION AND LAYOUT

8) Case No. 03-030 filed by Singh Development for Waltonwood at Twelve Oaks

Lynn Granata of Singh Development for Waltonwood at Twelve Oaks is requesting an extension for two (2) signs for one (1) year. Sign A is located in front of the Waltonwood development on Huron Circle Drive. Sign B is located on Twelve Mile Road.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(1) states that the maximum permit duration is:

… "valid until issuance of last certificate of occupancy or for a period of twelve (12) months, whichever occurs first."

Sign A was granted its first extension on February 1, 2000, its second extension on February 6, 2001 and its third extension on March 5, 2002.

Sign B was approved on January 9, 2001 and was granted its first extension on March 5, 2002.

MOTION: THAT IN CASE NUMBER 03-030 TO GRANT THE PETITIONER’S REQUEST FOR A ONE (1) YEAR EXTENSION ON BOTH EXISTING SIGNS

9) Case No. 03-031 filed by Singh Development for Seeley Sanctuary at 5022-12-101-039 and 5022-12-101-055

Khanh Pham of Singh Development is requesting a front yard setback variance of fifteen (15) feet and a variance to the landscape ordinance for the erection of an earth berm or wall for the proposed Seeley Sanctuary development. The proposed development is a 30,000 square foot place of worship located on 9.65 acres. The property is zoned RA and is located south of Thirteen Mile and east of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCE, Section 402.1 (d) states that the minimum building setback shall be seventy five (75) feet from all property lines.

Required building front yard setback: 75 feet

Proposed: 60 feet

Variance: 15 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 2509.6 requires an earth berm / wall to buffer different uses per the Landscape Ordinance.

The applicant is requesting permission to eliminate the required right-of-way berm or wall at wetlands area and to substitute an ornamental fence at the wetlands and woodlands area.

MOTION: THAT IN CASE NUMBER 03-031 TO GRANT THE PETITIONER’S REQUEST FOR A FRONT YARD SETBACK AND ELIMINATION OF A BERM AS SUBMITTED DUE TO LOT CONFIGURATION

10) Case No. 03-032 filed by Platinum Signs representing Putting Edge at 44125 Twelve Mile Road (Fountain Walk)

Frank Manno of Platinum Sign representing Putting Edge is requesting two (2) sign variances to erect an illuminated wall sign to be located at 44125 Twelve Mile Road (Fountain Walk).

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."

Requested: 115 square feet

Maximum allowed: 40 square feet

Variance: 75 square feet

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

"Where separately owned businesses occupying a single building or a single parcel of land utilize individual identification wall signs, all such signs on the building or within the center shall be of a common style i.e., individual freestanding letters shall be utilized with other signs composed of individual freestanding letters, box signs (framed wall signs) shall be utilized with other box signs."

The proposed sign is not of a common style consistent with the other signs in the Fountain Walk development.

MOTION: THAT IN CASE NUMBER 03-032 TO GRANT THE PETITIONER’S REQUEST AS PRESENTED WITH THE ELIMINATION OF "GLOW IN THE DARK MINI GOLF" MAKING THE SIGN APPROXIMATELY 78 SQUARE FEET AND THAT THE STYLE IS APPROVED AS PRESENTED

11) Case No. 03-033 filed by Moufid Leon of Leon’s Restaurant at 39455 West Ten Mile Road

Moufid Leon of Leon’s Restaurant is requesting one (1) sign variance to allow an illuminated wall sign to be located at 39455 W. Ten Mile Road.

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 thirty six (36) square foot wall sign to read "Moe’s on Ten, Seafood Grill".

MOTION: THAT IN CASE NUMBER 03-033 TO GRANT THE PETITIONER’S REQUEST FOR ONE (1) SIGN THAT IS THIRTY SIX (36) SQUARE FEET FOR THE PURPOSE OF BUSINESS IDENTIFICATION. AS A CONDITION OF THE VARIANCE APPROVAL THE PETITIONER MUST REMOVE THE GROUND POLE SIGN.

12) Case No. 03-034 filed by Kip Sheward of Kip Sheward Motor Sports, Inc. at 24404 Catherine Industrial Drive

Kip Sheward is requesting a use variance to allow the sale of cars (wholesale) located at 24404 Catherine Industrial Drive, Lot 13 in the Ten Novi Industrial Subdivision. The property is zoned I-1 and is located east of Novi Road and north of Ten Mile Road. Please note: The applicant indicates that they are not a repair facility nor do they perform any mechanical or body work. All vehicles will be located inside the building.

CITY OF NOVI, CODE OF ORDINANCE, Section 3104 "Jurisdiction" states:

"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 change in the terms of this Ordinance but shall have the power to authorize a use in a zoning district in which it is not otherwise permitted, provided it is clearly shown that the land cannot be used for a zoned use, and shall be further empowered to act on those matters where this Ordinance provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance…"

The applicant is requesting a use variance to allow the sale of cars (wholesale) within an existing building located in an I-1 Zoning District.

MOTION: THAT IN CASE NUMBER 03-034 TO GRANT THE PETITIONER’S REQUEST FOR A USE VARIANCE FOR THIS PARTICULAR BUSINESS SINCE THE REQUEST IS MINIMAL, THERE ARE NO OBJECTIONS FROM NEIGHBORS OR ADJOINING BUSINESSES AND IT WOULD BE LIMITED TO THIS PETITIONER ONLY

13) Case No. 03-035 filed by Joseph Gluck of 30385 Balfour Drive

Joseph Gluck is requesting a five (5) foot side yard setback variance and a five (5) foot total aggregate side yard setback variance for the construction of an enclosed screened porch attached to the residence located at 30385 Balfour Drive on lot 94 in the Bristol Corners West Subdivision. The property is located in section 4, south of Pontiac Trail and west of West Park Drive. The property is zoned R-2 and has a lot width greater than 110 feet and is governed by the Preservation Option.

CITY OF NOVI, CODE OF ORDINANCE, Section 2401, Paragraph (2) "Preservation Option" requires a minimum side yard setback of fifteen (15) feet with an aggregate total of forty (40) feet for those properties containing 110 feet or greater lot width.

 

Required minimum side yard setback (east): 15 feet

Proposed: 10 feet

Variance: 5 feet

Required total aggregate side yard setback: 40 feet

Proposed: 35 feet

Variance: 5 feet

MOTION: THAT IN CASE NUMBER 03-035 TO GRANT THE PETITIONER’S REQUEST FOR A FIVE (5) FOOT SIDE YARD SETBACK VARIANCE AND A FIVE (5) FOOT TOTAL AGGREGATE SIDE YARD SETBACK VARIANCE DUE TO LOT SIDE LINES AND BUILDING ANGLE

14) Case No. 03-036 filed by Kevin Akey representing homeowners of 1270 East Lake Drive

Kevin Akey of AZD Architects is requesting an interpretation/approval to the two and one half (2 ½) story requirement for maximum height of structures and Similar / Dissimilar interpretation/approval for the exterior building materials for the proposed home to be located at 1270 East Lake Drive, sidwell number 5022-02-151-022. The property is zoned R-4 and located north of Thirteen Mile and west of East Lake Drive.

The applicant is requesting an interpretation/approval to the proposed submitted plans for building permit in accordance with Section 2400 "Schedule of Regulations" for building height/number of stories.

The applicant is requesting an interpretation/approval to the Similar / Dissimilar Ordinance for the exterior materials for the proposed residence in accordance with Section 303 of the Novi Code of Ordinances.

MOTION: THAT IN CASE NUMBER 03-036 TO GRANT THE PETITIONER’S REQUEST BECAUSE THE TOTAL HEIGHT IS ACTUALLY LESS THAN WHAT IT COULD BE WITH AN ALLOWED ATTIC AND THAT THE FAÇADE MATERIAL IS ACTUALLY GOING TO ENHANCE THE OTHER MATERIALS AS ACCENTS

OTHER MATTERS

 

 

Meeting adjourned at 10:06 p.m.