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REGULAR MEETING – ZONING BOARD OF APPEALS
CITY OF NOVI
ACTION SUMMARY
Tuesday August 7, 2007– 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call Members Bauer, Canup, Fischer, Krieger, Sanghvi, Shroyer and Wrobel

Present: Members Fischer, Krieger, Shroyer and Wrobel

Absent: Members Bauer, Canup and Sanghvi

Also Present: Beth Kudla, City Attorney; Chris Fox, Community Development Department; Kristen Kapelanski, City Planner, Robin Working, ZBA Recording Secretary

Pledge of Allegiance

Public Hearing Format and Rules of Conduct:

  1. Please turn off pagers and cell phones during the meeting.
  2. Applicant/Representative will be asked to come forth, state their name and address and be sworn in by the Secretary.
  3. Applicants/Representatives will be allowed five (5) minutes to address the Board and present their case. An extension of time may be granted at the discretion of the Chairperson.
  4. Anyone in the audience who wishes to address the Board regarding the current case will be asked by the Chairperson to raise their hands to be recognized.
  5. Once recognized, audience members addressing the Board will be sworn in and given three (3) minutes to speak as an individual or ten (10) minutes to speak if representing a group.
  6. Members of the audience will be allowed to address the Board once unless directly questioned by a Board member or the Chairperson.
  7. The Secretary will read the number of public hearing notices mailed pertaining to the current case. Objection and approval responses will be entered into the record at this time.
  8. The Chairperson will ask for input from the Community Development Department Liaison, the Ordinance Enforcement Officer, the Planning Department and the City Attorney.
  9. The Chairperson will turn the case over to the Board for discussion, clarification and entertain a motion when appropriate.
  10. Impromptu statements from the audience during discussion by the Board will be considered out-of-order.
  11. A roll call vote will be taken to approve or deny the motion on the table and the next case will be called.

Approval of Agenda

Additions to Agenda: None

Public Remarks

1. Case No. 07-047 filed by Joe M. Debrincat of 1339 East Lake Drive

Applicant is requesting two setback variances for the addition of an enclosed stairway and the projection of a bay window for the existing residence at 1339 East Lake Drive in the Shore Acres Subdivision. The property is zoned R-4 and located north of Thirteen Mile Road and west of Novi Road.

CITY OF NOVI CODE OF ORDINANCES: ARTICLE 24 Section 2400 Schedule of Regulations requires a minimum interior side yard setback of ten (10) feet and a minimum exterior side yard setback of thirty (30) feet.

MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK 10 FEET
MINIMUM PROPOSED EXTERIOR SIDE YARD SETBACK 8 FEET
VARIANCE REQUESTED 2 FEET

MINIMUM REQUIRED INTERIOR SIDE YARD SETBACK 30 FEET
MINIMUM PROPOSED INTERIOR SIDE YARD SETBACK 10 FEET
VARIANCE REQUESTED 20 FEET

Applicant is requesting two side yard setback variances for additions to an existing home.

Tabled to September 11, 2007

2. Case No. 07-048 filed by Mark Guidobono of Novi Investment Co. LLC for Tuscany Reserve Real Estate sign located on Eight Mile east of Barola Drive

Applicant is requesting one sign variance for a 45-inch x 60-inch Real Estate sign erected without a permit and located on Eight Mile Road near Barola Drive for the Tuscany Reserve Development. The property is zoned R-A and located north of Eight Mile Road and west of Beck Road.

CITY OF NOVI CODE OF ORDINANCES Section 28-10 (a) Prohibited Signs states: "A sign not expressly permitted is prohibited."

Applicant is requesting an additional real estate sign for Tuscany Reserve.

Tabled to October 9, 2007

3. Case No. 07-049 filed by William Short of Charisma Salon located at 43267 Crescent Boulevard

William Short of Charisma Salon is requesting one 24 square foot sign variance for the placement of a 16 foot x 1 foot 6 inch wall sign on the rear elevation of Charisma Salon located at 43267 Crescent Blvd. Property is zoned TC and located east of Novi Road and north of Grand River Avenue.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-5(3) f states: "Where two or more separately owned and operated businesses occupy a building on a single parcel of land, each having a separate exterior entrance, each business is entitled to a single identification wall sign."

Ø Applicant is requesting and additional wall sign for the rear elevation of Charisma Salon.

Tabled to September 11, 2007

4. Case No. 07-050 filed by Patty Loose of Sign Fabricators for Andiamo Second City located at 42705 Grand River Avenue

Patty Loose of Sign Fabricators is requesting one 21.2 square foot sign variance and one 2-foot height sign variance for the placement of an 8-foot x 6-foot 4-inch ground sign for Andiamo Second City to be located at 42705 Grand River Avenue. The requested sign will replace a previously approved ground sign in ZBA97-111. Property is zoned TC-1 and located east of Novi Road and south of Grand River Avenue.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2) a. 1. Area height and placement regulations states: Ground Sign: "…ground signs shall not exceed a maximum thirty (30) square feet…"

Applicant is requesting a 51.2 square foot ground sign.

IN CASE NO 07-050 TO DENY THE REQUEST FOR A VARIANCE AT THIS TIME DUE TO THE LACK OF EVIDENCE FOR A PRACTICAL DIFFICULTY. THERE IS CURRENT EXISTING SIGNAGE ON THE BUILDING TO IDENTIFY THE BUSINESSES. THE REQUESTED SIGN MAKES NO EFFORT TO FIT IN WITH THE AESTHETICS AND DOES NOT DO SUBSTANTIAL JUSTICE TO THE NEIGHBORS.

Motion Carried: 4-0

Motion Maker: Krieger

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2) a. 2. ii Area height and placement regulations states: "All other ground signs shall not exceed a height of six (6) feet."

Applicant is requesting an eight-foot tall sign.

5. Case No. 07-051 filed by Christine Laikind of Stone City located at 26940 Taft Road

Christine Laikind of Stone City is requesting one 30.32 square foot sign variance for the placement of a 7-foot 7-inch x 4-foot off premises ground sign to be located at 45500 Grand River Avenue. Property is zoned I-1 and located north of Grand River Avenue and east of Taft Road.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-8 (1) Off – Premises advertising signs permitted according to district states: "Ground pole signs and wall signs only shall be permitted in an I-2 district only."

Applicant is requesting a ground sign variance to be placed off premises.

IN CASE NO 07-51 TO APPROVE THE REQUEST FOR THE VARIANCE FOR THE GROUND SIGN TO BE PLACED OFF PREMISES. THE PETITIONER HAS A PRACTICAL DIFFICULTY IN LOCATION; THE PETITIONER HAS WRITTEN APPROVAL FROM RICHARD DEMARIA TO HAVE THE SIGN ON HIS PROPERTY, WHICH INCLUDES AN AGREEMENT STATEMENT. THIS APPROVAL IS CONTINGENT UPON THE REMOVAL OF THE LETTERING ON THE STONES LEADING TO THE BUSINESS ALONG THE ROAD.

Motion Carried: 4-0

Motion Maker: Krieger

6. Case No. 07-052 filed by Nels Carlson for 1365 South Lake Drive

Nels Carlson is requesting a variance to the storage requirement for recreational equipment less than six (6) feet in height above the ground in any required side yard or rear yard. Applicant is proposing to store recreational equipment in the front yard adjacent to the road. Property is zoned R-4 and located on the south side of South Lake Drive and east of West Park Drive.

NOVI CODE OF ORDINANCES Section 2504 2. Commercial and Recreational Vehicle Parking and Storage states "The off-street parking or storage of any mobile home or recreational equipment in any residential district shall be subject to the following conditions: Any recreational equipment less than six (6) feet in height above ground may be stored in any required side or rear yard."

Applicant is requesting to store his recreational equipment in the front yard.

IN CASE NO 07-052 TO APPROVE THE REQUEST DUE TO THE FACT THAT THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY. THE PETITIONER PROTECTED THE WOODLANDS AND WETLANDS WHEN BUILDING HIS RESIDENCE AND PREVIOUSLY OBTAINED A VARIANCE TO ALLOW STORAGE OF THE VEHICLES IN A LESS VISIBLE AREA, WHICH DID NOT WORK OUT. THE PETITIONER HAS ALSO ESTABLISHED THAT THIS REQUEST WOULD NOT BE A DETRIMENT TO THE SURROUNDING AREAS AS THE NEIGHBORS ALSO PUT THEIR BOATS IN A SIMILAR POSITION ON THE LOT. THIS APPROVAL HAS TO DO WITH THE DIFFICULTY WITH WHERE THE HOUSE WAS PLACED ON THE LOT AND THE CONFIGURATION OF SAID LOT. THIS VARIANCE IS CONDITIONAL UPON ALL OTHER CITY ORDINANCES BEING MET IN ACCORDANCE WITH THESE RECREATIONAL VEHICLES/EQUIPMENT.

Motion Carried: 4-0

Motion Maker: Fischer

7. Case No. 07-053 filed by Igor Kacmarcik of Marygrove Awnings for Whirly Ball located at 41540 Grand River Avenue

Igor Kacmarcik of Marygrove Awnings is requesting one 40 square foot canopy sign variance for the placement of an 8-foot x 3-foot 7-inch front facing canopy sign and a 3-foot 4-inch x 3-foot 7-inch side facing canopy sign to be located at 41540 Grand River Avenue for Whirly Ball. Property is zoned NCC and located north of Grand River Avenue and west of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCES Section 28-5 (1) d Types of signs permitted in each district states "In an NCC, on premises advertising signs as follows: 1. Business sign: Ground sign, or wall sign."

Applicant is requesting a canopy sign over the entrance to the building

CITY OF NOVI, CODE OF ORDINANCES Section 28-5 (2) c Canopy sign states "Area: Maximum twenty-four (24) square feet on either or both sides of the canopy."

Applicant is requesting a total of 40 square feet in canopy signage.

IN CASE NO 07-53 TO APPROVE THE APPLICANTS REQUEST FOR A CANOPY SIGN OVER THE ENTRANCE TO THE BUILDING TO BE A TOTAL OF 40 SQUARE FEET IN CANOPY SIGNAGE. THE PETITIONER ESTABLISHED THE UNIQUENESS OF THE AREA AND THE PRACTICAL DIFFICULTY OF FINDING THIS AREA AND TO BE CREATED AS DESIGNED AND PRESENTED. THE APPROVAL OF THIS MOTION IS CONDITIONAL UPON ANY PREVIOUS SIGNAGE BEING REMOVED.

Motion Carried: 4-0

Motion Maker: Krieger

8. Case No. 07-054 filed by Serah Gardner of Coy Construction for 23485 Winthrop Court

Serah Gardner of Coy Construction is requesting a 5.5-foot rear yard setback variance for the construction of a screened and enclosed gazebo on an existing deck to be located at 23485 Winthrop Court. Property is zoned R-4 and located south of Ten Mile Road and east of Novi Road.

CITY OF 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 29.5 FEET

VARIANCE REQUESTED 5.5 FEET

Applicant is requesting a 5.5-foot rear yard setback for construction of a screened gazebo.

IN CASE NO 07-054 TO APPROVE THE VARIANCE REQUEST DUE TO THE PRACTICAL DIFFICULTY SHOWN BY THE PETITIONER THAT THE GAZEBO WILL BE BUILT ON AN EXISTING DECK FOUNDATION, THE UNIQUE LOT SHAPE BEING BUILT ON A CUL DE SAC MAKES IT MORE DIFFICULT TO MEET THE ORDINANCES OF THE CITY OF NOVI.

Motion Carried: 4-0

Motion Maker: Fischer

9. Case No. 07-055 filed by Richard Sinkevics of 1430 West Lake Drive

Applicant is requesting one front yard setback variance and one exterior side yard setback variance for the construction of a new home to be located at 1430 West Lake Drive in the John Hawthorne Sub No. 2. The property is zoned R-4 and located south of Pontiac Trail and east of West Park Drive.

CITY OF NOVI CODE OF ORDINANCES: ARTICLE 24 Section 2400 Schedule of Regulations requires a minimum front yard setback of thirty (30) feet and a minimum exterior side yard setback of thirty (30) feet.

REQUIRED FRONT YARD SETBACK 30 FEET
PROPOSED FRONT YARD SETBACK 13.25 FEET
VARIANCE REQUESTED 16.75 FEET

REQUIRED EXTERIOR SIDE YARD SETBACK 30 FEET
PROPOSED EXTERIOR SIDE YARD SETBACK 14.92 FEET
VARIANCE REQUESTED 15.08 FEET

Applicant is requesting two setback variances for the construction of a new home.

IN CASE NO 07-055 TO APPROVE THE PETITIONERS REQUEST AS SUBMITTED GIVEN THAT PRACTICAL DIFFICULTY IS SHOWN IN THE UNIQUE CONFIGURATION OF THE LOT, THE LOT SIZE AND THE FACT THAT THE HOME ACTUALLY HAS TWO FRONT YARDS MAKING THE ENVELOPE POSSIBLE FOR A STRUCTURE EVEN SMALLER.

Motion Carried: 4-0

Motion Maker: Fischer

10. Case No. 07-056 filed by Dave Nona of Triangle Main Street, LLC for Main Street Phase I

Applicant is requesting eleven variances for the construction of two buildings to include a medical office building with a restaurant and retail space as well a parking garage. Applicant is requesting two building setback variances for the construction of the medical office building and the parking garage, one parking lot setback variance for on-street parking, one variance from the requirement that a screen wall be installed along parking in an exterior side yard, one variance from the loading zone location requirement, one variance for the dumpster location in an exterior side yard, one setback variance from the required ten foot minimum for a dumpster and one variance from the minimum sidewalk width of 12.5’ along Paul Bunyan. The property is zoned TC-1 and located south of Grand River Ave. and east of Novi Road.

CITY OF NOVI CODE OF ORDINANCES ARTICLE 16 Section 1602.4 TC and TC-1 Districts Building Setbacks states a minimum front yard setback of Zero (0) feet and a maximum front yard setback of ten (10) feet is required.

BUILDING 800
MAXIMUM REQUIRED FRONT YARD SETBACK 10 FEET
PROPOSED FRONT YARD SETBACK 43 FEET
VARIANCE REQUESTED 33 FEET

BUILDING 700

MAXIMUM REQUIRED FRONT YARD SETBACK 10 FEET
PROPOSED FRONT YARD SETBACK 21 FEET
VARIANCE REQUESTED 11 FEET

CITY OF NOVI CODE OF ORDINANCES ARTICLE 16 Section 1602.5 TC and TC-1 Districts Parking Setbacks states off-street parking be setback a minimum of twenty (20) feet from the right-of-way line of any street or roadway.

BUILDING 800
MINIMUM PARKING LOT SETBACK 20 FEET
PROPOSED PARKING LOT SETBACK 0 FEET
VARIANCE REQUESTED 20 FEET

BUILDING 700
MINIMUM PARKING LOT SETBACK 20 FEET
PROPOSED PARKING LOT SETBACK 0 FEET
VARIANCE REQUESTED 20 FEET

CITY OF NOVI CODE OF ORDINANCES ARTICLE 16 Section 1602.5 TC and TC-1 Districts Parking Setbacks states surface parking lots shall be screened from all public rights-of-way and internal roads by a two and one-half foot high wall or landscaped berm.

BUILDING 700 & 800

Applicant is requesting a variance from the requirement that the on-street parking be screened along Paul Bunyan Rd.

CITY OF NOVI CODE OF ORDINANCES ARTICLE 25 Section 2507.2 Off-street Loading and Unloading states unloading space shall be provided in the rear yard…. Except in the case of a double frontage lot… may be provided in an interior side yard.

BUILDING 800

Applicant is requesting a variance to allow a loading-unloading area in an exterior side yard.

CITY OF NOVI CODE OF ORDINANCES ARTICLE 25 Section 2503.2.F. Refuse Bin with screening shall be located in the rear yard.

BUILDING 800

Applicant is requesting a use variance to allow a Refuse bin and screening enclosure in an exterior side yard.

CITY OF NOVI CODE OF ORDINANCES ARTICLE 25 Section 2503.2.F Refuse Bin screening shall be located no closer to a property line than the minimum parking lot setback in the district.

BUILDING 800

MINIMUM REFUSE BIN SETBACK 20 FEET
PROPOSED REFUSE BIN SETBACK 15 FEET
VARIANCE REQUESTED 5 FEET

CITY OF NOVI CODE OF ORDINANCES ARTICLE 16 Section 1607.11 TC and TC-1 Districts Sidewalks states sidewalks adjacent to non-residential collector and local streets shall be 12.5 feet wide.

BUILDING 700 @ Paul Bunyan

MINIMUM SIDEWALK WIDTH 12.5 FEET PROPOSED SIDEWALK WIDTH 7 FEET

VARIANCE REQUESTED 5.5 FEET

BUILDING 800 @ Paul Bunyan & Main St.

MINIMUM SIDEWALK WIDTH 12.5 FEET PROPOSED SIDEWALK WIDTH 7 FEET

VARIANCE REQUESTED 5.5 FEET

IN CASE NO 07-056 TO GRANT ALL THE PETITIONERS VARIANCE REQUESTS DUE TO THE PETITIONER ESTABLISHING A PRACTICAL DIFFICULTY IN COMPLYING WITH THE STRICT LETTER OF THE RESTRICTIONS OF THE ORDINANCE. NOT GRANTING THE VARIANCES WOULD UNREASONABLY PREVENT THE USE OF THE PROPERTY AS IT HAS BEEN PLANNED TO GREAT DETAIL AND APPROVED BY THE PLANNING COMMISSION ALREADY IN ITS PRESENT CONDITION. TO GO BACK AND CHANGE THESE ELEVEN RELATIVELY MINOR ITEMS SIMPLY BASED ON THE FACT OF THE DIFFICULTY CREATED BY THE PUBLIC VERSUS PRIVATE ROAD ISSUE. ESSENTIALLY NOTHING IS CHANGING FROM THE APPROVED SITE PLAN IF THE VARIANCE IS GRANTED.

Motion Carried: 4-0

Motion Maker: Wrobel

OTHER MATTERS

1. Sub Committee Report Vice Chair Fischer reported there would be an August 13, 2007 sub committee meeting to address the Rules of Procedure and recommendations that will be brought before the Board.

Meeting Adjourned 10:01