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REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday June 7, 2005 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call Members Bauer, Brennan, Canup, Fischer, Gronachan, and Sanghvi

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 – May 3, 2005 - approved

Public Remarks - none

1. Case No. 05-028 filed Tracey Shipley for 25890 Strath Haven located East of Beck Road and South of Eleven Mile Road.

Ms. Shipley is requesting four (4) variances for the construction of a new home at 25890 Strath Haven Drive. Applicant is requesting a front yard setback variance of five (5) feet, a rear yard setback variance of 10.17 feet, a north side yard setback variance of 5 feet and an aggregate total side yard setback variance of 6.67 feet. Property is zoned R-A and is located east of Beck Road and South of Eleven Mile Road.

NOVI CODE OF ORDINANCES: ARTICLE 24; SECTION 2400, "SCHEDULE OF REGULATIONS" requires a minimum front yard setback of 45 feet, a rear yard setback of 50 feet, a minimum side yard setback of 20 feet and an aggregate total of both side yards of 50 feet.

REQUIRED FRONT YARD SETBACK 45 FEET

PROPOSED FRONT YARD SETBACK 40 FEET

VARIANCE REQUESTED 5 FEET

REQUIRED REAR YARD SETBACK 50 FEET

PROPOSED REAR YARD SETBACK 39.83 FEET

VARIANCE REQUESTED 10.17 FEET

REQUIRED SIDE YARD SETBACK (NORTH) 20 FEET

PROPOSED SIDE YARD SETBACK (NORTH) 15 FEET

VARIANCE REQUESTED 5 FEET

REQUIRED AGGREGATE TOTAL OF SIDE YARDS 50 FEET

PROPOSED AGGREGATE TOTAL OF SIDE YARDS 43.33 FEET

VARIANCE REQUESTED 6.67 FEET

MOTION: WITH RESPECT TO CASE NO. 05-028 APPROVE PETITIONER’S REQUEST DUE TO PETITIONER HAVING DONE WHAT THE BOARD ASKED OF HER, HAVING ASSOCIATION BACKING AND NO OBJECTIONS FROM NEIGHBORS.

2. Case No. 05-033 filed by Edmund and Christine Szelap for residence at 23468 Duchess Ct. located south of Ten Mile Road between Novi and Taft Roads.

Edmund and Christine Szelap are requesting a three (3) foot front yard setback variance for the construction of an addition and attached garage at 23468 Duchess Court. Property is zoned R-4 and located south of Ten Mile Road between Novi and Taft Roads.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum front yard setback of thirty (30) feet.

REQUIRED FRONT YARD SETBACK 30 FEET

PROPOSED FRONT YARD SETBACK 27 FEET

VARIANCE REQUESTED 3 FEET

MOTION: WITH RESPECT TO CASE NO. 05-033 GRANT THE APPLICANT’S REQUEST FOR THE FRONT YARD VARIANCE OF THREE (3) FEET BECAUSE OF THE LOT CONFIGURATION.

Case No. 05-039 filed by Paul Rizzardi of Singh Management Co., LLC for 25300 Constitution in Mainstreet Village located south of Grand River and east of Novi Road.

Mr. Paul Rizzardi of Singh Management is requesting one (1) sign variance to extend a temporary construction sign for Mainstreet Village. The sign is located at 25300 Constitution.

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 an extension to allow the existing sign to remain on the property.

MOTION: WITH RESPECT TO CASE NO. 05-039 THAT PETITIONER’S REQUEST FOR AN EXTENSION OF THIS SIGN BE GRANTED FOR THE PERIOD OF SIX (6) MONTHS FOR BUILD OUT AND OBTAINING FINANCING.

4. Case No. 05-040 filed by Joel Street for residence at 117 Charlotte located south of South Lake Drive and west of Old Novi Road.

Mr. Street is requesting three (3) variances for the placement of an accessory structure on an existing cement slab located in the rear yard at 117 Charlotte. Applicant is requesting a five (5) foot side yard setback variance on the east property line, a four (4) foot rear yard setback variance on the south property line and an eight (8) foot variance for the distance from the main building. Property is zoned R-4 and located south of South Lake Drive and west of Old Novi Road.

NOVI CODE OF ORDINANCES; Article 2503,"Accessory Uses" Paragraph 1D, states that no detached accessory building shall be located closer than ten (10) feet to any main building nor shall it be closer than six (6) feet to any interior side lot or rear lot line.

REQUIRED SIDE YARD SETBACK 6 FEET

PROPOSED SIDE YARD SETBACK 1 FOOT

VARIANCE REQUESTED 5 FEET

REQUIRED REAR YARD SETBACK 6 FEET

PROPOSED REAR YARD SETBACK 2 FEET

VARIANCE REQUESTED 4 FEET

MINIMUM REQUIRED DISTANCE FROM BUILDING 10 FEET

PROPOSED DISTANCE FROM BUILDING 2 FEET

VARIANCE REQUESTED 8 FEET

MOTION: WITH RESPECT TO CASE NO. 05-040 THAT PETITIONER’S REQUEST FOR THREE (3) VARIANCES BE GRANTED FOR THE REASON OF LOT SIZE.

5. Case No. 05-041 filed by Marcos Makohon with K4 Architecture for the proposed Citizens Bank to be located at Grand River and Wixom Roads located on the south side of Grand River and east of Wixom Road.

Marcos Makohon of K4 Architecture is requesting two (2) variances for the proposed Citizens Bank to be located at Grand River and Wixom Road. City of Novi, Site Plan # SP 04-64A. Applicant is requesting a variance to the requirements for a loading zone and an Interior Landscape variance requirement for the four (4) foot installation on the south side drive-up location. Property is zoned B-3, 1.84 Acres and located on the south side of Grand River and east of Wixom Road.

NOVI CODE OF ORDINANCES; Section 2507.2, "Off-street Loading and Unloading" states that within the B zoning district, loading, unloading space, shall be provided in the rear yard…

Applicant is seeking a variance from the loading and unloading space requirements.

NOVI CODE OF ORDINANCES; Section 2509, Paragraph 3d(2)(a)" Landscape Requirements" (Including the Landscape Design Manual - LDM.2.p. for Interior Landscape Calculations) states that landscape planting beds shall be placed immediately adjacent to the building on all four sides and have a minimum width dimension of four (4) feet.

Applicant is seeking a variance to the interior landscape plantings on the south building side.

MOTION: WITH RESPECT TO CASE NO. 05-041 GRANT THE REQUEST OF THE APPLICANT AND THE REQUEST WILL BE SOLELY FOR BANKING BUSINESS.

6. Case No. 05-042 filed by Mark Hacker of Marquee Sign Company for Sally Beauty Supply located at 43159 Crescent Blvd. located east of Novi Road and north of Grand River.

Mr. Mark Hacker of Marquee Sign Company is requesting one sign variance for a wall size for Sally Beauty Supply at 43159 Crescent Blvd., which is east of Novi Road and north of Grand River.

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

"…wall sign on building occupied by two or more businesses shall not exceed twenty-four (24) square feet…"

The Applicant is requesting permission to erect one (1) wall sign.

Requested: 27 square feet

Permitted: 24 square feet

Variance needed: 3 square feet

MOTION: WITH RESPECT TO CASE NO. 05-042 DENY THE REQUEST AS STATED DUE TO A LACK OF DEMONSTRATED HARDSHIP DUE TO THE FACT THAT IT IS A NEW SIGN AND THERE IS NO STATED REASON WHY IT COULD NOT COMPLY WITH THE ORDINANCE.

Case No. 05-043 filed by Mr. Larry Kelly with Colliers International for a leasing sign at 26800 Meadowbrook Road in the Meadowbrook Corporate Park.

Mr. Kelly is requesting one (1) sign variance for an extension of the Colliers International leasing sign to remain at 26800 Meadowbrook Road in the Meadowbrook Corporate Park.

MOTION: WITH RESPECT TO CASE NO. 05-043 THAT THE PETITIONER’S REQUEST BE GRANTED FOR ANOTHER YEAR.

Case No. 05-044 filed by Xuan Tran and Hong Doan for residence at 1623 West Lake Drive which is located east of West Park Drive and south of Pontiac Trail.

Case No. 05-044 has been tabled by the Board to the July 12, 2005 ZBA meeting.

Xuan Tran and Hong Doan are requesting four (4) variances for the construction of a new home located at 1623 West Lake Drive. Applicant is requesting a 12.2 foot north side yard variance, a four (4) foot south side yard variance with a 16.2 feet variance for the total of both side yard and a lot coverage variance of 2%. Property is zoned R-4 and located east of West Park Drive and south of Pontiac Trail.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a minimum side yard setback of ten (10) feet with a total of both side yards of twenty-five (25) feet and maximum lot coverage of 25% for all buildings on site.

REQUIRED SIDE YARD SETBACK (NORTH) 15 FEET

PROPOSED SIDE YARD SETBACK 2.8 FEET

VARIANCE REQUESTED 12.2 FEET

REQUIRED SIDE YARD SETBACK (SOUTH) 10 FEET

PROPOSED SIDE YARD SETBACK 6 FEET

VARIANCE REQUESTED 4 FEET

TOTAL OF BOTH SIDE YARDS REQUIRED 25 FEET

TOTAL OF BOTH SIDE YARDS PROPOSED 8.8 FEET

VARIANCE REQUESTED 16.2 FEET

PROPOSED LOT COVERAGE 27 %

MAXIMUM LOT COVERAGE 25 %

LOT COVERAGE VARIANCE REQUEST 2 %

Case No. 05-045 filed by Stephen and Debra Velick for residence at 25610 Arcadia which is located west of Taft Road and south of Eleven Mile Road.

Stephen and Debra Velick are requesting two (2) variances for the construction of an addition at 25610 Arcadia, Lot 30, Walden Woods. Applicant is requesting a 7.08 feet rear yard setback variance and a 5.17 feet front yard setback variance. Property is zoned R-1 and located west of Taft Road and south of Eleven Mile Road. NOTE: Property is located on a corner lot.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum front yard setback of thirty (30) feet and a minimum rear yard setback of thirty-five (35) feet.

REQUIRED FRONT YARD SETBACK 30 FEET

PROPOSED FRONT YARD SETBACK 24.83 FEET

VARIANCE REQUESTED 5.17 FEET

REQUIRED REAR YARD SETBACK 35 FEET

PROPOSED REAR YARD SETBACK 27.92 FEET

VARIANCE REQUESTED 7.08 FEET

MOTION: WITH RESPECT TO CASE NO. 05-045 GRANT THE VARIANCE AS REQUESTED AS LONG AS ANY MODIFICATIONS THAT ARE PROPOSED MATCH THE EXISTING ARCHITECTURE AND FACADE OF THE EXISTING HOME.

10. Case No. 05-046 filed by Karen Resseguie for residence at 23925 East Lebost which is located south of Ten Mile and east of Meadowbrook Road.

Case No. 05-046 has been tabled by the Board to the July 12, 2005 ZBA meeting.

Ms. Resseguie is requesting four (4) variances for the construction of an attached garage located at 23925 East Lebost. Applicant is requesting a twelve (12) foot front yard setback variance, a 6.5 foot NE side yard setback variance, a seven (7) foot NW side yard setback and a 13.5 foot side yard variance of both side yards. Property is zoned R-4 and located south of Ten Mile and east of Meadowbrook Road.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum front yard setback of thirty (30) feet, a minimum side yard setback of 10 feet with a total of both side yards of twenty-five (25) feet.

REQUIRED FRONT YARD SETBACK 30 FEET

PROPOSED FRONT YARD SETBACK 18 FEET

VARIANCE REQUESTED 12 FEET

MINIMUM REQUIRED SIDE YARD SETBACK (NE) 10 FEET

MINIMUM PROPOSED SIDE YARD SETBACK (NE) 3.5 FEET

VARIANCE REQUESTED 6.5 FEET

REQUIRED SIDE YARD SETBACK (NW) 15 FEET

EXISTING SIDE YARD SETBACK (NW) 8 FEET

VARIANCE REQUESTED 7 FEET

REQUIRED TOTAL OF BOTH SIDE YARDS 25 FEET

PROPOSED TOTAL OF BOTH SIDE YARDS 11.5 FEET

VARIANCE REQUESTED 13.5 FEET

11. Case No. 05-047 filed by Matt Sosin of Northern Equities

for an existing construction sign at 39475 Lewis Drive

Mr. Matt Sosin of Northern Equities for 39475 Lewis Drive is requesting one (1) sign variance for an existing construction sign.

The Applicant is requesting permission to allow the sign to remain for an appropriate time frame as determined by the Board.

MOTION: WITH RESPECT TO CASE NO. 05-047 THAT PETITIONER’S REQUEST BE GRANTED FOR AN ADDITIONAL YEAR WITH THE CONDITION THAT THE SIGN BE MOVED WEST OF THE SIDEWALK.

 

OTHER MATTERS:

1. Case No. 04-127 – 1935 West Lake Road

Mr. Husam Khoury requested a 40 day extension to apply for a building permit.

BOARD APPROVED A 40 DAY EXTENSION FROM THE DATE OF THE MEETING.

 

MEETING ADJOURNED AT 9:50 P.M.