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ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, March 2, 2004 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call Members Present: Bauer, Brennan, Fischer, Gray, Gronachan, and Sanghvi

Member Absent Excused: Canup

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 – January 6, 2004 - approved

Public Remarks - none

Chairperson Gronachan welcomed Dr. Mav Sanghvito to the Board. Dr. Sanghvi is a former member on the Zoning Board of Appeals.

 

1) Case No. 03-107 filed by Brian Kosaian for 150 North Haven Road

(Tabled from January 6, 2004 ZBA meeting at the request to have a full board present. Due to scheduling conflict with the March 2 meeting, the case is to be heard at the April 6, 2004 ZBA Meeting.)

Mr. Kosaian is requesting a 6.04 foot side yard setback variance on the west side of an existing structure located at 150 North Haven Road. Applicant has three (3) contiguous forty (40) foot lots with a total frontage of one hundred-twenty (120) feet and wishes to split the property. Nonconforming lots may have approved split provided; parcels are under single ownership and have a minimum width of sixty (60) feet with a total square foot area of six thousand (6,000) square feet.

CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a minimum side yard setback of ten (10) feet in an R-4 Zoning District

Required minimum side yard setback: 10 .00 Feet

Proposed minimum side yard setback 3.96 Feet

Variance requested: 6.04 Feet

The applicant is requesting this variance to enable him to split the property.

 

2) Case No. 03-111 filed by Amen Korean United Methodist Church at 41671 W. Ten Mile Road

(Tabled from January 6, 2004 ZBA meeting at the request to have a full board present.)

Rev. Joonshik Yoo of Amen Korean United Methodist Church (which is located at the Novi United Methodist Church building) is requesting two (2) sign variances to install an 8’ x 1’ 6" [twelve (12) square feet] addition to the existing ground sign for Novi United Methodist Church. The proposed combined sign is located at 41671 W. Ten Mile Road. The Amen Korean/Novi United Methodist Church is located south of Ten Mile Road and west of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2) a.1.i states: Area regulations – ground signs. "…ground signs shall not exceed one (1) square foot for each two (2) feet the sign is setback…"

Area Requested: 44 Square feet total sign area

Area Permitted: 32 Sq. ft. (per 64 feet of setback from center line of Ten Mile Rd)

Variance needed: 12 Square feet

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)a.2. ii. states: Height regulations – ground signs. "All other ground signs shall not exceed a height of five (5) feet…"

Height Requested: 6’ 2"

Height Permitted: 5’

Variance needed: 1’2"

MOTION: WITH RESPECT TO CASE 03-111 IT IS MOVED FOR APPROVAL OF THE PETITIONER’S REQUEST FOR TWO (2) SIGN VARIANCES FOR THE PURPOSE OF SITE IDENTIFICATION.

 

3) Case No. 04-004 filed by Michael J. Verlinden of American Log Furniture Design, Inc. at 45283 Grand River Avenue

Michael J. Verlinden of American Log Furniture Designs, Inc. is requesting three (3) sign variances on the erected sign located at 45283 Grand River Avenue. American Log Furniture Designs, Inc. is located east of Taft Road and south of Grand River Avenue.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states, "…only one (1) sign is permitted per business or parcel of land…"

CITY OF NOVI, CODE OF ORDINANCES, Section 28-1 (7) states, "…ground signs must be supported by a monument.."

The applicant is requesting permission that the sign remain supported in the ground by poles only.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2. states, "…ground signs must not exceed five (5) feet in height.."

Requested 6 feet

Permitted: 5 feet

Variance needed: 1 feet

MOTION: IN THE MATTER OF CASE NUMBER 04-004 IT IS MOVED TO APPROVE THE THREE (3) VARIANCES REQUESTED AS THE SIGN PROVIDES IDENTIFICATION FOR THE OCCUPANT IN A MATTER COMPATIBLE WITH THE PRODUCT SOLD, IT DOES NOT INTERFERE WITH TRAFFIC AND IT PROVIDES IDENTIFICATION FOR BOTH DIRECTIONS ON GRAND RIVER AVENUE.

 

4) Case No. 03-118 filed by Diane Soderstrom of Providence Hospital for Westbrook Golf Course at 26817 Beck Road

Diane Soderstrom of Providence Hospital is requesting a variance for the continued temporary use of a non-permanent structure located at 26817 Beck Road, known as Westbrooke Golf Course’s temporary club house. Applicant is requesting this temporary use approval until such time that Providence Hospital begins its expansion. (Temporary use approval was previously granted in ZBA Cases # 92 –017 and 95 – 029 which expired in 1997)

CITY OF NOVI CODE OF ORDINANCES: ARTICLE 30; Section 3004, Paragraph 3, states: " The Building Official, or his designee, shall have the power to grant permits authorizing temporary land use for:

Permit temporary buildings and uses for periods not to exceed two (2) years in undeveloped sections of the city and for a period not to exceed twelve (12) months in developed sections, with the granting of a twelve (12) month extension being permissible, provided the conditions set forth in section 3004.6 are met.

Applicants temporary use permit has expired.

MOTION: IN THE CASE OF 03-118 THAT THE VARIANCE BE GRANTED FOR A PERIOD OF ONE YEAR DUE TO THE AVAILABILITY OF THE HOSPITAL NOT GETTING THEIR CERTIFICATE AT THIS POINT.

5) Case No. 04-007 filed by Mark S. McPherson of Merritt McPherson Cieslak, PC for Crosspointe Meadows Church (formerly Redford Baptist)

Mark S. McPherson of Merritt McPherson Cieslak, PC is requesting a one (1) year extension of a Preliminary Site Plan Approval for Crosspointe Meadows Church (aka Redford Baptsit Church.) located on Meadowbrook Road between Twelve and Thirteen Mile Road – Sidwell 50-22-12-101-042. This request will be the fourth extension that will be granted which requires that no more than three (3) one year extensions can be granted by the body that had approved the Preliminary Site Plan Approval.

NOVI CODE OF ORDINANCES: SECTION 2516, Paragraph 7(a) and (d) states an extension may be granted for any period of time not to exceed one (1) year and no more than three extensions can be granted by the body that had approved the preliminary.

Applicant received three (3) site plan extensions by the Planning Commission in 2001, 2002 and 2003.

NOTE: It is the burden of proof of the applicant to show good cause for the granting of the requested extension as outlined in the Novi Code of Ordinances; Section 2516, Paragraph 7(f) subsection (1-5)

The applicant has demonstrated that needed utility services have been delayed.

The applicant has demonstrated that technical reviews of the final site plan have raised unforeseen development problems.

The applicant has demonstrated that unforeseen economic events or conditions have caused delays.

The approved plan to be extended is in compliance with all current site plan criteria and current ordinances, laws, codes and regulations.

There is no pending zoning ordinance, which would substantially change the requirements of the approved plan.

MOTION: WITH RESPECT TO CASE 04-007 IT IS MOVED THAT A ONE YEAR EXTENSION OF THE PRELIMINARY SITE PLAN BE GRANTED DUE TO THE BURDEN THAT THE PETITIONER TOLD US ABOUT TONIGHT.

 

6) Case No. 04-008 filed by Mark S. McPherson of Merritt McPherson Cieslak, PC for Crosspointe Meadows Church (formerly Redford Baptist)

Mark S. McPherson of Merritt McPherson Cieslak, PC for Crosspointe Meadows Church, (aka Redford Baptist Church) is requesting two (2) sign variances for an existing temporary sign. The first variance is an extension request for a period of one year.

ZBA 01-091 - The first extension was granted on December 4, 2001 for a period of eighteen (18) months.

ZBA 03-052 - The second extension was granted on July 11, 2003 with an expiration date of February 12, 2004.

The applicant is requesting permission to allow the sign to remain for a time period of one year or an appropriate time frame as determined by the Board.

The second variance is concerning the panel addition added after the original sign was approved. A panel measuring 8’ x 1 ½’ was added with additional information. The original ground sign measured 8’ x 4’ equaling thirty-two (32) square feet. The modified sign adds an additional twelve (12) square feet for a total of forty four (44) square feet.

The applicant is requesting approval for the additional sign panel measuring 8’ x 1 ½’ that was added after the original sign approval.

MOTION: THAT IN CASE NUMBER 04-008 IT IS MOVED THAT THE PETITIONER’S REQUEST FOR THE TWO (2) SIGN VARIANCES BE APPROVED FOR THE PURPOSE OF IDENTIFYING THE SITE AND IDENTIFYING WHERE THE TEMPORARY SERVICES ARE TO BE HELD.

 

7) Case No. 04-010 filed by Ann Nona for Gateway Village of Novi at the corner of Grand River Avenue and Portico Lane

Ann Nona of Triangle Development Co., Inc. is requesting one (1) sign variance to maintain a temporary construction sign for Gateway Village of Novi. The sign is located on the north side of Grand River and west of Meadowbrook (at the corner of Grand River and Portico Lane).

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (1) states: "Construction identification sign…is valid for a period of twelve months..."

The applicant is requesting permission to allow the sign to remain for a time period of one year.

MOTION: WITH RESPECT TO CASE NUMBER 04-010 IT IS MOVED THAT THE PETITIONER’S REQUEST FOR A SIGN VARIANCE EXTENSION OF ONE YEAR BE APPROVED FOR THE PURPOSE OF SELLOUT.

 

8) Case No. 04-011 filed by A. Nels Carlson for 1361 South Lake

Mr. Carlson is requesting two (2 ) variances for the construction of a new home located at 1361 South Lake Drive (Sidwell # 50-22-03-351-015). Applicant is requesting a twenty-five (25) foot rear yard setback variance and 4.33 foot side yard setback variance for the east side of the property. Property is zoned R-4 and located between Old Novi Road and West Park Drive on the south side of Walled Lake.

 

CITY OF 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: 10 FEET

VARIANCE REQUESTED: 25 FEET

CITY OF NOVI CODE OF ORDINANCES: Section 2908, "Projections into Yards" states that bay windows, chimneys, cantilevered floors and other vertical projections…may project into the required side yard not more than two (2) inches for each one (1) foot of width of such side yard…in an R-4 zoning district.

ALLOWABLE SETBACK FOR PROJECTION (PATIO): 8 FEET 4 INCHES

PROPOSED SETBACK FOR PROJECTION (PATIO): 4 FEET

VARIANCE REQUESTED: 4 FEET 4 INCHES

MOTION: IN THE MATTER OF CASE NUMBER 04-011 MOVE TO APPROVE THE TWO (2) VARIANCES REQUESTED DUE TO THE UNIQUE TOPOGRAPHICAL FEATURES OF PROPERTY AND THE PETITIONER’S REQUEST TO PRESERVE THOSE FEATURES AND FURTHER THAT THERE IS NO CONSTRUCTION TO THE IMMEDIATE SOUTH THAT WOULD BE IMPACTED BY THIS VARIANCE.

 

9) Case No. 04-012 filed by Gregory Gluck for Fox Run Village at 41000 West 13 Mile Road

Gregory M. Gluck of Fox Run Village is requesting one (1) sign variance to maintain a temporary construction sign for Fox Run Village at 41000 W. 13 Mile Road. Fox Run Village is located on the north side of 13 Mile Road, east of Meadowbrook and west of M-5 Expressway.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (1) states: "Construction identification sign…is valid for a period of twelve months..."

The applicant is requesting permission to allow the sign to remain for an appropriate amount of time as determined by the Board.

MOTION: WITH RESPECT TO CASE NUMBER 04-012 TO APPROVE THIS SIGN VARIANCE FOR A PERIOD OF ONE YEAR FOR THE PURPOSE OF CONTINUING ADVERTISEMENT OF THE PROJECT.

 

10) Case No. 04-013 filed by Greg Gnatek for 1947 West Lake Drive

Greg Gnatek is requesting three (3) side yard setback variances for the construction of a new home located at 1947 West Lake Drive in Bentley Subdivision. Applicant is requesting a one (1) foot south side yard setback, a four (4) foot north side yard setback, and an aggregate total side yard setback variance of five (5) feet.

Property is zoned R-4 and is located east of West Park Drive and South of Pontiac Trail. NOTE: Existing structures will be removed.

CITY OF NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400 "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with and an aggregate setback total of both side yards of twenty-five (25) feet.

SOUTH SIDE YARD SETBACK REQUIRED: 10 FEET

SOUTH SIDE YARD SETBACK PROPOSED: 9 FEET

VARIANCE REQUESTED: 1 FOOT

NORTH SIDE YARD SETBACK REQUIRED: 15 FEET

NORTH SIDE YARD SETBACK PROPOSED: 11 FEET

VARIANCE REQUESTED: 4 FEET

MINIMUM AGGREGATE TOTAL OF TWO SIDES REQUIRED: 25 FEET

MINIMUM AGGREGATE TOTAL OF TWO SIDES PROPOSED: 20 FEET

VARIANCE REQUESTED: 5 FEET

MOTION: THAT IS CASE NUMBER 04-013 THE APPLICANT’S REQUEST BE GRANTED FOR THREE (3) SIDE YARD SETBACK VARIANCES BECAUSE OF THE PECULIAR LOT CONFIGURATION.

 

11) Case No. 04-014 filed by Dean Masciulli of Multi Building Co. for 20772 Maybury Park Drive in Maybury Park Estates

Dean Masciulli of Multi Building Company is requesting a one hundred sixty-four (164) square foot variance for the construction of an attached garage located at 20772 Maybury Park Drive, Unit 2, Maybury Park Estates. Property is developed in accordance with an RUD Agreement which states property one acre or more shall conform to the RA regulations and all other lots shall conform to R-1 regulations. Property is located north of Eight Mile between Beck and Garfield Road and is less than one (1) acre.

NOVI CODE OF ORDINANCES: SECTION 2503, Paragraph 1 (G) states that an accessory building can exceed the ground floor area of the main building on a lot provided the building is located on a lot that has at least one (1) acre of area and the accessory structure does not exceed twenty five hundred (2,500) square feet.

PROPOSED SQUARE FOOTAGE OF ATTACHED GARAGE 1164 SQUARE FEET

MAXIMUM ALLOWABLE SQUARE FOOTAGE 1000 SQUARE FEET

VARIANCE REQUESTED 164 SQUARE FEET

MOTION: IN CASE NUMBER 04-014 THE PETITIONER’S REQUEST BE GRANTED DUE TO THE SPECIAL CIRCUMSTANCES OF THE UNDERLYING R-A ZONING AND THE NATURE OF THE DEVELOPMENT AS AN RUD, WITH SMALLER LOT SIZES IN EXCHANGE FOR MORE OPEN SPACE.

12) Case No. 04-015 filed by Dean Masciulli of Multi Building Co. for 21067 Maybury Park Drive in Maybury Park Estates

Dean Masciulli of Multi Building Company is requesting a two hundred seventy-six (276) square foot variance for the construction of an attached garage located at 21067 Maybury Drive, Unit 35, Maybury Park Estates. Property is developed in accordance with an RUD Agreement which states property one acre or more shall conform to the RA regulations and all other lots shall conform to R-1 regulations. Property is located north of Eight Mile between Beck and Garfield Road and is less than one (1) acre.

NOVI CODE OF ORDINANCES: SECTION 2503, Paragraph 1 (G) states that an accessory building can exceed the ground floor area of the main building on a lot provided the building is located on a lot that has at least one (1) acre of area and the accessory structure does not exceed twenty five hundred (2,500) square feet.

PROPOSED SQUARE FOOTAGE OF ATTACHED GARAGE 1276 SQUARE FEET

MAXIMUM ALLOWABLE SQUARE FOOTAGE 1000 SQUARE FEET

VARIANCE REQUESTED 276 SQUARE FEET

MOTION: IN CASE NUMBER 04-015 THE PETITIONER’S REQUEST BE GRANTED DUE TO THE SPECIAL CIRCUMSTANCES OF THE UNDERLYING R-A ZONING AND THE NATURE OF THE DEVELOPMENT AS AN RUD, WITH SMALLER LOT SIZES IN EXCHANGE FOR MORE OPEN SPACE.

 

OTHER MATTERS:

1) Case Number ZBA 03-116 - Meadowbrook Corporate Park
Time Limitation

Mr. Saven discussed the need for a time limitation on the motion for this case.

MOTION: IN REGARDS TO CASE NUMBER 03-116 WHICH WAS PRESENTED AT THE JANUARY 6, 2004 MEETING IT WAS APPROVED TO MODIFY THE PREVIOUS MOTION TO ADD ONE YEAR DURATION FOR THE TIME LIMIT ON THE SIGN DUE TO CLARIFICATION AS TO THE INTENT OF THE BOARD.

2) Collier International sign relating to Case No. ZBA 03-116

They will be presenting their case at the April 6, 2004 ZBA meeting with case number 04-022

3) Meadowbrook Townhomes

Sharon Burton of Meadowbrook Townhomes requested guidance to help her with the removal of construction debris left in the vicinity of her home. Mr. Saven informed her to contact Cindy Uglow in Neighborhood Service, Ordinance Division.

Member Gray stated that she has concerns with the condition of the streets and the area.

Mr. Saven will pursue the construction issue with Meadowbrook Townhomes

4) Election of Officers -
Mr. Saven reminded the Board of the Election of Officers for April 6, 2004

 

Meeting Adjourned at 9:28 pm