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

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

Absent Member Bauer (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.

One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Approval of Agenda - approved

Approval of Minutes – September 9, 2003 - approved

Public Remarks

1) Case No. 03-086 filed by Raymond Miras of 21801 Garfield Road

Raymond Miras is requesting three (3) variances for a proposed property split located at 21801 Garfield Road. The applicant is requesting a thirty (30) foot lot width variance for Parcel 2, a variance of .311 acres of lot area for Parcel 2 and a south side yard setback variance of four feet, six inches (4’6") for Parent Parcel 1. Properties are Zoned R-A and located west of Garfield Road between Eight and Nine Mile Roads.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400, "Schedule of Regulations" requires a minimum lot width of one hundred-fifty (150) feet, a lot area of one (1) acre and a minimum side yard setback of twenty (20) feet in an R-A Zoning District.

Required lot width: 150 feet

Proposed lot width: 120 feet

Variance: 30 feet

Required lot area: 1 acre

Proposed lot area: .689 acres

Variance: .311 acres

Required side yard setback: 20 feet

Proposed side yard setback: 15 feet, 6 inches

Variance: 4 feet, 6 inches

MOTION: THAT IN CASE NUMBER 03-086 TO GRANT THE PETITIONER’S REQUEST FOR THREE VARIANCES BECAUSE PETITIONER HAS ESTABLISHED A PARTICULAR DIFFICULTY. COMPLIANCE WITH THE STRICT LETTER OF THE ORDINANCE WOULD UNREASONABLY PREVENT THE USE OF THE PROPERTY AND BE BURDENSOME TO PROPERTY OWNER.

2) Case No. 03-079 filed by David Bayon at 25827 Strath Haven

David Wayne Bayon is requesting three (3) variances for the construction of a proposed two story home with an attached garage. The applicant is requesting a front yard setback variance of 9.86 feet, a north side yard setback variance of 2.37 feet and a total aggregate side yard setback variance of .36 feet. Property is located at 25827 Strath Haven, Pioneer Meadows Subdivision, zoned R-A and located east of Beck Road and south of Ten Mile Road.

NOVI CODE OF ORDINANCES: ARTICLE 24, Section 2400, "Schedule of Regulations" requires a minimum front yard setback of forty-five (45) feet, a minimum side yard setback of twenty (20) feet and a total aggregate side yard setback of fifty (50) feet in an R-A Zoning District.

Required front yard setback: 45 feet

Proposed front yard setback: 35.14 feet

Variance: 9.86 feet

Minimum required side yard setback: 20 feet

Proposed side yard setback: 17.63 feet

Variance: 2.37 feet

Minimum total aggregate: 50 feet

Proposed total aggregate: 49.64 feet

Variance: 0.36 feet

MOTION: THAT IN CASE NUMBER 03-079 TO GRANT THE PETITIONER’S REQUEST FOR A VARIANCE DUE TO THE LOT CONFIGURATION AND THE FACT THAT THE VARIANCES REQUESTED (AT LEAST ON THE SIDES) ARE MINIMAL.

3) Case No. 03-081 filed by Stanley Golembiewski at 24706 Glenda

Stanley Golembiewski is requesting a 280 square foot variance for the construction of an addition to an attached garage located at 24706 Glenda, Salow's Walnut Hill Subdivision No.2. Property is zoned R-4 and is located north of Ten Mile Road and east of Taft Road.

NOVI CODE OF ORDINANCES: Section 2503, Paragraph 1G, "Accessory Buildings" state that the total aggregate floor area of all attached and detached accessory structures shall not exceed 850 square feet for an R-4 Zoning District.

Proposed accessory structures square foot (total): 1130 square feet

Maximum total square footage allowed: 850 square feet

Variance: 280 square feet

MOTION: THAT IN CASE NUMBER 03-081 TO GRANT THE PETITIONER’S REQUEST FOR A VARIANCE AS REQUESTED AS IT MEETS THE SPIRIT AND INTENT OF THE ORDINANCE AND IT WILL NOT ADVERSELY AFFECT OR IMPACT NEIGHBORING PROPERTIES. ALSO, THIS VARIANCE REPRESENTS A LESSER VARIANCE THAN WAS PREVIOUSLY REQUESTED.

4) Case No. 03-083 filed by Allied Signs Inc. for Caribou Coffee at 47490 Grand River (Westmarket Square)

Allied Signs, Inc., is requesting one (1) sign variance to erect one (1) wall sign at 47490 Grand River, south elevation, for Caribou Coffee. There is currently an existing sign on the west elevation.

CITY OF NOVI, CODE OF ORDINANCES: Section 28-6(3).d states:

"Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign."

The applicant is requesting permission to erect a 26.28 square foot illuminated wall sign to read "Caribou Coffee."

MOTION: THAT IN CASE NUMBER 03-083 TO GRANT THE PETITIONER’S REQUEST FOR A VARIANCE FOR A SECOND SIGN ON GRAND RIVER FOR THE PURPOSE OF BUSINESS IDENTIFICATION.

5) Case No. 03-088 filed by Design Forum representing Gander Mountain at 43825 West Oaks Drive (fka K-Mart, West Oak Shopping Center)

Jon Sylva for Design Forum is requesting nine (9) sign variances to erect five (5) wall signs at the Gander Mountain store (fka K-Mart), located at 43825 West Oaks Drive in the West Oaks Shopping Center.

Sign A (Exhibit EG-1) – East elevation (2 variances):

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3).d states: "Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign."

 

The applicant is requesting permission to erect a 328 square foot illuminated wall sign to read "Gander Mtn."

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)b.1.(a)i.a. "Multiple businesses" 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: 328 square feet

Permitted: 40 square feet

Variance: 288 square feet

MOTION: THAT IN CASE NUMBER 03-088 TO GRANT THE PETITIONER’S REQUEST FOR:

SIGN A - EAST ELEVATION SIGN APPROVED FOR PURPOSE OF STORE IDENTIFICATION WITH TOTAL OF 218 SQUARE FEET WITH MAXIMUM LETTER HEIGHT OF 6.6 FEET AND LENGTH OF 33.4 FEET

Sign B (Exhibit EG-2) – East elevation (2 variances):

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3).d states: "Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign."

The applicant is requesting permission to erect a 78.5 square foot illuminated wall sign to display logo.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)b.1.(a)i.a. "Multiple businesses" 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: 78.5 square feet

Permitted: 40 square feet

Variance: 38.5 square feet

MOTION: THAT IN CASE NUMBER 03-088 TO GRANT THE PETITIONER’S REQUEST FOR:

SIGN B - SECOND FRONT LOGO SIGN APPROVED FOR 8 FOOT DIAMETER

Sign C (Exhibit EG-3) – North elevation (2 variances):

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3).d states: "Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign."

The applicant is requesting permission to erect a 161 square foot illuminated wall sign, logo to read "Gander Mtn."

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)b.1.(a)i.a. "Multiple businesses" 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: 161 square feet

Permitted: 40 square feet

Variance: 121 square feet

MOTION: THAT IN CASE NUMBER 03-088 TO GRANT THE PETITIONER’S REQUEST FOR:

SIGN C - ADDITIONAL SIGN ON NORTH WALL APPROVED FOR 90 SQUARE FEET WITH MAXIMUM LETTER HEIGHT OF 3 FEET

Sign D (Exhibit EG-4) – West elevation (1 variance):

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3).d. states: "Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign."

The applicant is requesting permission to erect a 10 square foot illuminated wall sign to read "ATV."

MOTION: THAT IN CASE NUMBER 03-088 TO GRANT THE PETITIONER’S REQUEST FOR:

SIGN D -APPROVED FOR 10 SQUARE FEET FOR PURPOSE OF IDENTIFICATION OF SECONDARY BUSINESS

Sign E (Exhibit EG-5) – West elevation (2 variances):

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3).d states: "Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign."

The applicant is requesting permission to erect a 161 square foot illuminated wall sign, logo to read "Gander Mtn."

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)b.1.(a)i.a. "Multiple businesses" 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: 161 square feet

Permitted: 40 square feet

Variance: 121 square feet

APPLICANT WITHDREW SIGN E REQUEST

 

6) Case No. 03-090 filed by David Boyer at 1191 West Lake Drive

David Boyer is requesting a 6.5 foot rear yard setback variance for the construction of an addition to a home located at 1191 West Lake Road, Lake Wall Subdivision. Property is zoned R-4 and located east of West Park Drive, between South Lake Court and Fourteen Mile Road.

NOVI CODE OF ORDINANCES, 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 rear yard setback: 28.5 feet

Variance: 6.5 feet

MOTION: THAT IN CASE NUMBER 03-090 TO GRANT THE PETITIONER’S REQUEST FOR A VARIANCE DUE TO THE UNIQUE SIZE AND CONFIGURATION OF THE LOT AND THE PROXIMITY TO THE WATER.

7) Case No. 03-091 filed by Planet Neon representing Hagopian World of Rugs at 43223 Twelve Mile Road

Jeff Kasper of Planet Neon is requesting one (1) sign variance to erect an illuminated wall sign to be located at 43223 Twelve Mile Road for Hagopian World of Rugs. The wall sign will be located on the south side of the building, facing the Twelve Oaks Mall Ring 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 sixty two (62) square foot illuminated wall sign to read "Hagopian World of Rugs."

MOTION: THAT IN CASE NUMBER 03-091 TO GRANT THE PETITIONER’S REQUEST FOR A VARIANCE FOR AN ADDITIONAL SIGN ON THE TWELVE OAKS MALL SIDE AS MODIFIED WITH THE LETTERS FOR "HAGOPIAN" BEING 30 INCHES IN HEIGHT AND THE" WORLD OF RUGS" ELIMINATED FROM THE SIGN FOR PURPOSES OF BUSINESS IDENTIFICATION.

8) Case No. 03-092 filed by Mozart Homes for Brookhaven Subdivision

Paul Hedemark of Mozart Homes is requesting one (1) sign variance to erect an entranceway sign to be located at the front entrance of the Brookhaven Subdivision. This project is located on the north side of Ten Mile Road and east of Novi 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 three (3) square foot entranceway sign to read "Brookhaven, Mozart Homes."

MOTION: THAT IN CASE NUMBER 03-092 TO GRANT THE PETITIONER’S REQUEST FOR AN ADDITIONAL SIGN FOR THE PURPOSE OF SUBDIVISION IDENTIFICATION.

9) Case No. 03-094 filed by Carmen Matthews at 1367 East Lake Drive

Carmen Matthews is requesting a one hundred thirty (130) square foot variance for the construction of a one hundred eighty (180) square foot detached accessory structure to be located at 1367 East Lake Drive, Lots 4, 5 and 6 of the Chapman Walled Lake Subdivision. The property is zoned R-4 and is located between Thirteen and Fourteen Mile Roads.

CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 1G, "Accessory Buildings" states that the total aggregate floor area of all attached and detached accessory structures shall not exceed 850 square feet in an R-4 Zoning District.

Proposed accessory structures (total): 980 square feet

Maximum allowed: 850 square feet

Variance: 130 square feet

MOTION: THAT IN CASE NUMBER 03-094 TO GRANT THE PETITIONER’S REQUEST FOR A VARIANCE FOR A SHED TO BE BUILT DUE TO THE NEED FOR STORAGE ON THIS LOT.

10) Case No. 03-095 filed by Michael Camerella at 204 Faywood

Michael Camerella is requesting a side yard setback variance of 6.18 feet for the construction of an addition to an existing home at 204 Faywood, Lots 9 & 10 of John Hawthorn’s Subdivision #2. The property is zoned R-4 and located east of West Park Drive, between Ludlow Street and Fourteen Mile Road.

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

Minimum required side yard setback: 10 feet

Proposed side yard setback: 3.82 feet

Variance: 6.18 feet

MOTION: THAT IN CASE NUMBER 03-095 TO GRANT THE PETITIONER’S REQUEST FOR A VARIANCE AS IT ENCROACHES NO CLOSER TO THE LOT LINE THAN WHAT IS EXISTING.

 

 

11) Case No. 03-096 filed by Kearns Brothers, Inc. representing homeowner at 24580 Queens Pointe Drive

Kearns Brothers, Inc. is requesting three (3) side yard setback variances for the construction of a covered porch addition to an existing home located at 24580 Queens Pointe Drive, Lot 446, Meadowbrook Glens Subdivision #3. The applicant is seeking a 2.7 foot minimum side yard setback variance (south side), a 6.3 foot side yard setback variance (north side) and a nine (9) foot total aggregate side yard setback variance. The property is zoned R-4 and located north of Ten Mile between Novi Road and Meadowbrook Road.

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

Required minimum side yard setback (south side): 10 feet

Proposed: 7.3 feet

Variance: 2.7 feet

Required side yard setback (north side): 15 feet

Proposed: 8.7 feet

Variance: 6.3 feet

Minimum aggregate total of both sides: 25 feet

Proposed: 16 feet

Variance: 9 feet

MOTION: THAT IN CASE NUMBER 03-096 TO GRANT THE PETITIONER’S REQUEST FOR THREE SIDE YARD SETBACK VARIANCES AS THEY ARE EXTENSIONS OF THE EXISTING LINES TO CONSTRUCT A NON-ENCLOSED PORCH WITH A ROOF.

12) Case No. 03-098 filed by Robert Geracz at 48800 Nine Mile Road

Robert Geracz is requesting a temporary use permit to allow an existing dwelling to remain on the property until construction of the new home is completed and occupancy is obtained. The property is located at 48800 Nine Mile Road, between Beck Road and Garfield Road, north of Nine Mile Road. The property is zoned RA.

CITY OF NOVI, CODE OF ORDINANCE, Section 3004, Paragraph 6a states that the granting of a temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.

The applicant is requesting permission to utilize the existing home during the construction of the new home in a single-family residential district.

CASE TABLED TO THE DECEMBER 2, 2003 MEETING

 

OTHER MATTERS

1) ZBA Case No. 03-050

Mr. Saven discussed extending the variance for John Karakian 2450 Shawood Drive. It was decided to place the extension request as the first agenda item for the December 2, 2003 meeting.

2) New ZBA Board Members

Chairperson Gronachan discussed the need for new members for the Zoning Board of Appeals. The ZBA board members decided to attend the Monday Council meeting to make a presentation of the immediate need for new members.

MEETING ADJOURNED AT 9:41 pm