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Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.
Roll call Members Present: Bauer, Brennan, Canup, Fischer, Gronachan, Ruyle and Sanghvi
Rules of Conduct:
Approval of Agenda – Approved as amended
Approval of Minutes – July 6, 2004 minutes approved
Public Remarks –
Chairperson Gronachan congratulated Justin Fischer on his nomination as a permanent voting member of the Board.
Chairperson Gronachan welcomed David Ruyle to the Board as the alternate member. Mr. Ruyle is a former member of the Planning Commission and the Parks & Recreation Commission.
1. Case No. 04-056 filed by Carrie Lynch of Allied Signs for McDonald’s Restaurant sign at 42665 Twelve Mile Road
Case tabled at the request of applicant – will be heard at the September 7, 2004 ZBA meeting.
Ms. Lynch with Allied Signs is requesting two (2) variances to erect one (1) pole, illuminated ground sign at the McDonald’s restaurant at 42665 Twelve Mile Road. The property is in the R-C Zoning District and is located east of Novi Road on the south side of Twelve Mile Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2.ii states: "All other ground signs shall not exceed a height of five (5) feet."
Requested height 12 feet
Permitted height 5 feet
Variance requested: 7 feet
CITY OF NOVI, CODE OF ORDINANCES, Section 28-1(7) states: "Ground sign means a sign supported by a monument,…"
Applicant is requesting that the sign be erected on a pole measuring nine (9) feet in height.
2. Case was moved from # 15 on agenda .
Mrs. Cameron is requesting a three (3) foot rear yard setback variance for the construction of a screened porch enclosure at 44908 Huntingcross Drive, Lot 32, Dunbarton Pines Subdivision No. 1. Property is zoned R-3 and is located north of Nine Mile Road and east of Taft Road.
NOVI CODE OF ORDINANCES: 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 rear yard setback 32 feet
Variance required 3 feet
MOTION: IN CASE NUMBER 04-077 IT IS MOVED TO GRANT THE VARIANCE AS REQUESTED.
3. Case No. 04-057 filed by Christopher Cagle for Glenda’s Market at 40575 Grand River Avenue.
Case 04-057 was tabled at the July 6, 2004 ZBA meeting.
Mr. Cagle is requesting one (1) variance to allow outdoor storage of landscape material on a vacant parcel of land west of 40575 Grand River Avenue, Sidwell 5022-24-301-011. Property is zoned OS-1 and located east of Meadowbrook Road and south of Grand River Avenue.
CITY OF NOVI, CODE OF ORDINANCES, Section 1101, "Principal Uses Permitted" prohibits outdoor storage in an OS-1 Zoning District.
Applicant is requesting the storage of landscape materials on the abutting leased property in an OS-1 Zoning District.
MOTION: IN CASE NO. 04-057 THE CASE BE TABLED WITH THE UNDERSTANDING THAT THE APPLICANT WILL COME BACK WITH A SITE PLAN THAT IS PUT TOGETHER WITH THE APPLICANT WITH DIRECTION FROM ALAN AMOLSCH, NEIGHBORHOOD SERVICES. INCLUDED WITH THIS MOTION ARE THE COMMENTS MADE BY MEMBER BRENNAN STATEMENT REGARDING THE FOLLOWING ISSUES AND ALSO THE WILLOWBROOK AGREEMENT:
REMOVE TREES IN RIGHT-OF-WAY
NO VEHICLES IN RIGHT-OF-WAY
FENCE ALONG GRAND RIVER AVENUE
BERM ON WEST SIDE OF PROPERTY
4. Case No. 04-061 filed by Robert Murawski for Programmed Products Corp. at 44311 Grand River Avenue.
Case 04-061 was tabled at the July 6, 2004 ZBA meeting
Mr. Murawski is requesting two (2) variances for a loading door/loading dock and truck well to be placed on the portion of the building that faces the abutting residential district and located on the wall closest to the boundary of the residential district for the property at 44311 Grand River Avenue. Property is zoned I-1 and is located south of Grand River Avenue and west of Novi Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 1905.4.a. states: "No truck well, loading dock or door, shall be permitted on or in the wall of the building which faces the abutting residential district…"
a. Applicant is requesting the proposed loading door be located on a wall of the building which faces the abutting residential district.
b. Applicant is requesting the proposed loading dock and truck well is located on the wall closest to the boundary of the residential district.
MOTION: IN RESPECT TO CASE NO. 04-061 MOTION FOR APPROVAL AS REQUESTED. THE PETITIONER HAS RELIEVED ANY OF THE INTEREST TO THE ADJOINING NEIGHBORS AND IT MEETS THE NEEDS OF HIS BUSINESS.
5. Case No. 04-064 filed by Ron Nuechterlein of Superior Diversified Services Corp for Novi Site at 26203 Novi Road
Mr. Nuechterlein is requesting seven (7) variances for the construction of a new building located at 26203 Novi Road known as "Novi Site". Applicant is requesting two (2) side yard parking lot setback variances of fifteen (15) feet on the north side and twenty (20) feet on the south side, an eleven (11) foot front yard parking lot variance, a twenty (20) foot loading area setback variance on the north side, a four hundred ninety-five (495) square foot interior parking lot landscape variance, a variance for the requirement of a variance for the requirement of a four (4) foot green space around three sides of the building, and a variance to the screening requirements around the loading zone. Property is Zoned TC and is located west of Novi Road and north of Grand River.
NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400 "Schedule of Regulations" requires a minimum side yard parking setback of twenty (20) feet in a TC Zoning District.
REQUIRED SIDE YARD PARKING SETBACK (NORTH SIDE) 20 FEET
PROPOSED SIDE YARD PARKING SETBACK 5 FEET
VARIANCE REQUESTED 15 FEET
REQUIRED SIDE YARD PARKING SETBACK (SOUTH SIDE) 20 FEET
PROPOSED SIDE YARD PARKING SETBACK 0 FEET
VARIANCE REQUESTED 20 FEET
NOVI CODE OF ORDINANCES: SECTION 2506.14, states that no parking stall located adjacent to a parking lot entrance from a street (public or private) shall be located closer than twenty-five (25) feet from the street right-of-way (ROW) line street easement or sidewalk, whichever is closer.
REQUIRED FRONT YARD PARKING SETBACK 25 FEET
PROPOSED FRONT YARD PARKING SETBACK 14 FEET
VARIANCE REQUESTED 11 FEET
NOVI CODE OF ORDINANCES: SECTION 2507.2, states that loading and unloading space shall be provided in the rear yard at a ratio of ten (10) square feet for each front foot of building; except in the case of a double frontage lot, loading-unloading, as well as trash receptacles may be located in an interior side yard beyond the minimum side yard setback requirement of the district.
REQUIRED LOADING SPACE SIDE YARD SETBACK (NORTH SIDE) 20 FEET
PROPOSED LOADING SPACE SIDE YARD SETBACK 0 FEET
VARIANCE REQUESTED 20 FEET
NOVI CODE OF ORDINANCES: SECTION 2509.8b (1) "Parking Area Landscape Requirements" requires that in a TC District there shall be one (1) square foot of interior landscape island for each ten (10) square feet of parking space.
REQUIRED INTERIOR PARKING LOT LANDSCAPING 720 SQUARE FEET
PROPOSED INTERIOR PARKING LOT LANDSCAPING 225 SQUARE FEET
VARIANCE REQUESTED 495 SQUARE FEET
NOVI CODE OF ORDINANCES: SECTION 2509.9 "Interior Landscape Requirements" requires that there shall be a minimum of four (4) feet width green space immediately adjacent to the building on all four sides.
Ø Applicant requests relief from the interior landscape requirements for three sides of the building
NOVI CODE OF ORDINANCES: SECTION 2507.2b requires the loading zone to be aesthetically and effectively screened from view from adjoining properties and from a street, in a manner acceptable to the City
Ø Applicant is requesting no screening around the loading zone.
MOTION: IN CASE NUMBER 04-064 MOTION THAT THE PETITIONER’S REQUEST BE DENIED DUE TO THE EXCESSIVE NUMBER OF VARIANCES, THAT IT HASN’T BEEN DEMONSTRATED THAT THERE COULD BE AN ALTERNATE PLAN THAT WOULD GIVE US LESS VARIANCES, THAT THE PETITIONER HAS NOT BEEN ABLE TO WORK OUT ANY OF THE DIFFERENCES WITH THE PROPERTY OWNER TO THE NORTH (WHICH WE ALWAYS GIVE CONSIDERATION TO) AND THAT THERE SHOULD PROBABLY BE SOME MORE EFFORT IN WORKING UP A PLAN THAT IS BETTER. THIS MOTION INCLUDES ALL SEVEN OF THE VARIANCES REQUESTED.
6. Case No. 04-067 filed by Paul Rizzardi of Singh Development for Waltonwood at Twelve Oaks – Sign A & B
Paul Rizzardi of Singh Development representing Waltonwood at Twelve Oaks is requesting sign extension variances for two (2) marketing signs. 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 ORDINANCES, 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 (ZBA Case No. 99-089), its second extension on February 6, 2001 (ZBA Case No. 01-001), its third extension on March 5, 2002 (ZBA Case No. 02-008), and the fourth extension was granted on May 6, 2003 (ZBA Case No. 03-030).
Sign B was approved on January 9, 2001 (ZBA Case 00-108) and was granted its first extension on March 5, 2002 (ZBA case No. 02-008) and its second extension on May 6, 2003 (ZBA Case No. 03-030).
MOTION: IN RESPECT TO CASE NO 04-067 THAT THE PETITIONER’S REQUEST FOR AN EXTENSION BE GRANTED FOR ONE YEAR FOR THE PURPOSE OF MARKETING AND SELLING OUT THE OPERATIONS.
7. Case No. 04-068 filed by Paul Rizzardi, Singh Development for Brownstones Apartment Homes - Sign
Paul Rizzardi of Singh Development for Brownstones Apartment Homes is requesting to erect an additional entranceway sign at 42330 Joyce Lane south of Holmes and 13 Mile Roads.
CITY OF NOVI, CODE OF ORDINANCES, 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 second entranceway sign (23.9 square foot) for the Brownstones development.
MOTION: IN CASE NUMBER 04-068 MOTION BE GRANTED SUBJECT TO THE PREVIOUS CONDITIONS AS STATED BY THE BOARD DEALING WITH NO DUPLICATION OF SIGNS. THE PETITIONER AGREED TO TAKE DOWN THE MARKETING SIGN WHEN THE PERMANENT SIGN IS ERECTED.
8. Case No. 04-069 filed by John P. Carroll of Carroll Installations for Luna Entertainment at 42875 Grand River Avenue in the Mainstreet Development
John Carroll of Carroll Installations representing Luna Entertainment is requesting one (1) sign variance to erect a 38 (thirty eight) square foot illuminated wall sign at the Luna Building at 42875 Grand River Avenue in the Mainstreet development (formerly Vic’s Market). The sign is to be installed on the west side of the Luna Building on Market Street between Gus O’Connor and Post Bar.
CITY OF NOVI, CODE OF ORDINANCES, Section 28.11(A) states: " A sign not expressly permitted is prohibited."
The applicant is requesting permission to erect a 38 (thirty eight) square foot illuminated wall sign on the west wall of the Luna Building.
MOTION: IN CASE NUMBER 04-069 MOTION THAT THE PETITIONER’S REQUEST FOR THIS SIGN AS SUBMITTED BE APPROVED FOR BUSINESS IDENTIFICATION.
9. Case No. 04-070 filed by Thomas Chubb of Comerica for the Comerica Bank at 32220 Beck Road at the Shoppes on the Trail
Mr. Chubb is requesting three (3) variances for the construction of Comerica Bank at the Shoppes on the Trail, located at 32220 Beck Road. Applicant is requesting an 851.8 square foot interior landscape variance, a two (2) foot minimum landscape width variance at the southeast corner of the building and a variance to the requirement for a loading area. Property is zoned B-3 and located south of Pontiac Trail and East of Beck Road.
NOVI CODE OF ORDINANCES: Section 2509.3d(2)(a) requires that there shall be, as a minimum, interior landscaping square footage equal to the quantity calculated by multiplying the entire perimeter of the building by eight (8) feet. Landscaped planting beds shall be placed immediately adjacent to the building on all four sides and have a minimum width dimension of four (4) feet.
REQUIRED INTERIOR LANDSCAPE 2154.8 SQUARE FEET
PROPOSED INTERIOR LANDSCAPE 1303 SQUARE FEET
VARIANCE REQUESTED 851.8 SQUARE FEET
REQUIRED MINIMUM LANDSCAPE WIDTH (SE CORNER – BLDG) 4 FEET
PROPOSED LANDSCAPE WIDTH 2 FEET
VARIANCE REQUIRED 2 FEET
NOVI CODE OF ORDINANCES: Section 2507.2 requires loading and unloading space to be provided in the rear yard….
Applicant is requesting to eliminate the requirements for the loading zone for security reasons.
MOTION: IN CASE NUMBER 04-070 WE APPROVE THE VARIANCE AS REQUESTED BY THE APPLICANT BECAUSE OF THE NATURE OF THE BUSINESS.
10. Case No. 04-071 filed by Mr. Fawzi Tomey of Jimmy John’s Restaurant at 39765 Grand River Avenue
Mr. Tomey is requesting a temporary use permit to allow outdoor seating for three (3) tables for the business known as Jimmy John’s located at 39765 Grand River Avenue, Pheasant Run Plaza. The business is located west of Haggerty Road and south of Grand River Avenue.
NOVI CODE OF ORDINANCES: Section 3004, Paragraph (4) allows for a temporary use not otherwise permitted in any district not to exceed twelve (12) months…
Applicant requests the temporary use for more than twelve (12) months.
MOTION: IN CASE NUMBER 04-071 MR. TOMEY FROM JIMMY JOHN’S RESTAURANT TO GRANT THE VARIANCE AS REQUESTED FOR A PERIOD OF ONE YEAR. THE APPROVAL IS FOR THREE TABLES.
11. Case No. 04-074 filed by Ted Minasian of Minasian Development for the Karim Blvd. Office Center on Karim Boulevard.
Mr. Minasian is requesting a one (1) foot building height variance for the construction of a new building known as the Karim Blvd. Office Centre, Sidwell 50-22-24-476-028 & 031. Property is zoned OS-1 (Office Service) District and is located south of Grand River Avenue and west of Haggerty Road on Karim Boulevard.
NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400 "Schedule of Regulations" requires a maximum building height of thirty (30) feet in an OS-1, Office Service District.
PROPOSED BUILDING HEIGHT 31 FEET
REQUIRED BUILDING HEIGHT 30 FEET
VARIANCE REQUESTED 1 FOOT
MOTION: IN CASE NUMBER 04-074 MOTION TO GRANT THE VARIANCE AS REQUESTED DUE TO THE ARCHITECTURE OF THE BUILDING.
12. Case No. 04-073 filed by John and Linda Anderson for residence at 1361 East Lake Drive
Case No. 04-073 was tabled at the request of applicant – will be heard at the September 7, 2004 ZBA meeting.
Mr. & Mrs. Anderson are requesting five (5) variances for the construction of an addition to an existing building located at 1361 East Lake Drive. Applicant is requesting a ten (10) foot side yard setback variance on the south side, a ten (10) foot variance for the aggregate total of both side yards, an eleven (11%) percent lot coverage variance, a variance to allow two (2) additional accessory structures on the property and reconstruction of a non conforming structure in excess of sixty (60) percent of its replacement cost. Property is located east of East Lake Drive between Thirteen and Fourteen Mile Road and is Zoned R-4.
NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with an aggregate total of two sides being twenty-five (25) feet and a maximum lot coverage of twenty-five (25) percent.
REQUIRED SIDE YARD SETBACK (SOUTH SIDE) 15 FEET
PROPOSED SIDE YARD SETBACK (SOUTH SIDE) 5 FEET
VARIANCE REQUESTED 10 FEET
REQUIRED MINIMUM AGGREGATE OF TWO SIDE YARDS 25 FEET
PROPOSED MINIMUM AGGREGATE OF TWO SIDE YARDS 15 FEET
VARIANCE REQUESTED 10 FEET
PROPOSED LOT COVERAGE (HOME + ACC. STRUCTURE) 36 %
MAXIMUM LOT COVERAGE 25 %
VARIANCE REQUESTED 11 %
NOVI CODE OF ORDINANCES: Section 2503, Paragraph 1G "Accessory Building", states that not more than one (1) detached accessory building shall be permitted on any lot having less than 21,780 square feet of area.
TOTAL ACCESSORY STRUCTURES ON THE PROPERTY 3
TOTAL ACCESSORY STRUCTURES ALLOWABLE 1
VARIANCE REQUESTED 2
NOVI CODE OF ORDINANCES: Section 2502, Paragraph 4B states that should any structure be destroyed by any means to an extent of more than sixty (60) percent of its replacement costs, exclusive of foundation, it shall be reconstructed only in conformity with the provisions of this Ordinance, except that reconstruction on the existing foundation or footings shall be permitted, provided reconstruction is commenced within six (6) months from the date of such damage.
Applicant has performed work in excess of normal repairs and such work has been determined to exceed the sixty (60) percent replacement costs exclusive of foundations.
13. Case No. 04-075 filed by Mr.Steve O’Guin of Westwind Companies, LLC for new construction at 25910 Strath Haven Drive, Lot 96 in Pioneer Meadows Subdivision
Mr. O’Guin is requesting four (4) variances for the construction of a new home located at 25910 Strath Haven Drive, Lot 96, in Pioneer Meadows Subdivision. Applicant is requesting a ten (10) foot front yard setback variance, a four (4) foot rear yard variance, a 2.83 foot south side yard setback variance and an aggregate setback variance of 2.83 feet for both sides. Property is zoned R-A and is located east of Beck Road and south of Eleven Mile Road.
CITY OF NOVI, CODE OF ORDINANCES: Article 24; Section 2400 "Schedule of Regulations" requires a minimum front yard setback of forty-five (45) feet, a minimum rear yard setback of fifty (50) feet, and a minimum aggregate total of both side yards of fifty (50) feet with a minimum of one side yard setback of twenty (20) feet.
Required front yard setback 45 feet
Proposed front yard setback 35 feet
Variance Requested 10 feet
Required rear yard setback 50 feet
Proposed rear yard setback 46 feet
Variance Requested 4 feet
Required side yard setback (south) 30 feet
Proposed side yard setback (south ) 27.17 feet
Variance Requested 2.83 feet
Required combined total side yard 50 feet
Proposed combined total side yards 47.17 feet
Variance Requested 2.83 feet
Case No. 04-075 was tabled to the first item on the agenda for September 7, 2004 ZBA meeting.
14. Case No. 04-076 filed by Jeffrey Sobolewski for 1405 West Lake Drive
Mr. Sobolewski is requesting a 15.57 foot lot frontage variance and a 1,654 square foot lot area variance for parcel "B" to allow a buildable lot adjacent to 1405 West Lake Drive. Property is zoned R-4 and located east of West Park Drive and south of Pontiac Trial.
NOVI CODE OF ORDINANCES: Article 24; Section 2400, " Schedule of Regulations" requires a minimum lot size of 10,000 square feet in area and minimum lot width of 80 feet in a R-4 Zoning District.
Required Lot Area (R-4) District 10,000 square feet
Proposed Lot Area 8,346 square feet
Variance Requested 1,654 square feet
Lot Frontage Required (R-4 District) 80 feet
Lot Frontage Proposed 64.43 feet
Variance Requested 15.57 feet
MOTION: IN CASE NO. 04-076 MOTION THAT WE GRANT THE REQUEST AS STATED DUE TO THE CONFIGURATION AND THE SIZING OF THE LOT.
AMENDED THE MOTION TO INCLUDE THE MINUTES OF THE CITY COUNCIL MEETING OF NOVEMBER 18, 1996 THAT HELPED THIS BOARD TO REACH THAT DECISION.
15. Case No. 04-078 filed by Bobby Stoyanovich for Manhattan Club at 40380 Grand River Avenue
Mr. Stoyanovich is requesting a use variance and a fifty (50) space parking variance to allow a comedy club to operate in the lower level of the Manhattan Club Restaurant located at 40380 Grand River Avenue. Property is currently zoned I-1 and located east of Seeley Road and north of Grand River Avenue.
NOVI CODE OF ORDINANCES, Section 3104.1 states that 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 to 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.
Applicant is requesting a comedy club use as a complimentary use to the existing restaurant. Comedy clubs are not listed in Section 1901, 1902 and 1903 of the Novi Code of Ordinances
MOTION: IN CASE NO. 04-078 MOTION TO GRANT THE VARIANCE AS STATED BY THE PETITIONER DUE TO THE PAST HISTORY OF THE BOTTOM PORTION OF THE CLUB BEING A RESTAURANT/PARTY ROOM, ETC., WITH ENTERTAINMENT.
16. Case No 04-082 filed by Esteban Cabello, PE, CIPE for JRED Engineering, Inc for Manor Nursing Home at 24500 Meadowbrook Road
Mr. Cabello is requesting a variance to the roof top screening requirements for the climate control equipment to be installed at the Manor Nursing Home located at 24500 Meadowbrook Road. Property is zoned RM-1 located east of Meadowbrook Road and north of Ten Mile Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 2503, Paragraph 2E(1) states….All roof top climate control equipment, elevator towers, transformer units and satellite dish antenna and similar items shall be screened from view so as not to be visible from any street, road or adjacent property.
Applicant is requesting relief from the roof top screening requirements.
MOTION: IN CASE 04-082 THAT WE GRANT THE PETITIONER’S REQUEST GIVEN THE DISCUSSION BY THE BOARD TONIGHT AND THAT THE PETITIONER HAS ESTABLISHED THAT THE PROPOSED IMPROVEMENT WILL NOT BE A DETRIMENT TO PUBLIC SAFETY AND WELFARE
Case No. 04-084 filed by James Tesen for Standard Federal Bank is requesting an exception to the requirements of the mock-up sign. His variance request is from Section 28-9 that permits off-premises advertising signs in I-2 districts only. The location of the sign is within the I-96 right of way. The size of the proposed sign is eight feet in height and 16 feet in width to be placed on eight feet poles.
The Board approved Mr. Tesen’s request for a mock up exception and to be allowed to place two poles at the height of 16 feet with tape/streamer on the top of the poles. The basic mock up will be erected at the location for the proposed permanent sign.
The meeting adjourned at 10:51 pm.