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ZONING BOARD OF APPEALS AGENDA

 

CITY OF NOVI

Regular Meeting

Tuesday, September 14, 2010 – 7:00 PM

Council Chambers | Novi Civic Center |45175 W. Ten Mile Road

(248) 347-0459

CALL TO ORDER

Pledge of Allegiance

Roll call: Members Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy, Wrobel and Gedeon

Public Hearing Format and Rules of Conduct

Approval of Agenda

Approval of Minutes July 13, 2010 and August 10, 2010

Public Remarks

  1. Case No. 10-034 39500 Grand River Ave – Mecedes-Benz
    ( Click for this packet item 782KB)

    The petitioner is requesting a variance to install an 80 SF wall sign on the south elevation of the Mercedes-Benz Dealership located at 39500 Grand River Avenue. The property is zoned B-3 and is located north of Grand River Ave and west of Haggerty Rd.

    CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b. 1. (a)(i) b. permits 1 square foot of sign for each 3 feet setback form the centerline of the nearest adjacent thoroughfare.

    Section 28-1 states "Area of a sign means the entire area within the smallest…geometric shape that encloses the limits of any writing…together with any frame or other material or color…used to differentiate such sign from the background against which it is placed."

  2. Case No. 10-035 27775 Novi Rd – Paul’s TV
    ( Click for this packet item 305KB)

    The petitioner is requesting a variance to install an additional 47 SF wall sign on the east elevation of the Art Van Furniture store located at 27775 Novi Road. The property is zoned RC and is located north of I-96 and west of Novi Rd.

    CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(3) states: "No building or parcel of land shall be allowed more than one (1) sign permitted under this section.

  3. Case No. 10-036 49251 Grand River Avenue – Quick Lube
    ( Click for this packet item 1.2MB)

    The petitioner is requesting a variance to install a 7’ 4" high pole mounted changeable copy sign in addition to the existing signs at the Auto dealership located at 49251 Grand River. The property is zoned B-3 and is located south of Grand River and east of Wixom Rd.

    Section 28-1 (10) states:" Ground sign means a sign, not attached to any building, supported by a monument placed in the ground surface such that the entire bottom of the sign is affixed to the ground and is not supported by poles, columns or uprights."

    Section 28-5 (2)a.2.ii allows ground signs to be a maximum of 6 ft in height

    Section 28-5 (5) b Changeable Copy signs states: "Such signs shall be permitted only for places of worship; schools, movie theatres or similar entertainment venues at which shows, performers, or entertainers change on a regular basis; restaurants; and recreational facilities at which events change on a regular basis."

  4. Case No. 10-037 26132 Ingersol Dr – Novi Town Center
    ( Click for this packet item 8.5MB)

    The petitioner is requesting variances to install a revised sign package including (4) oversize business center signs with (4) tenant names and an oversize clock tower sign on several locations at the Novi Town Center site. The property is zoned TC and is located south of I-96 and east of Novi Rd.

    CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(1)e allows: "In an TC, TC-1, or GE district on-premises advertising signs as follows:…2. Business center sign: ground sign only and may also contain up to (2) tenant names and logos

    CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2)a.1:" …ground signs shall not exceed a maximum of thirty (30) square feet or (1) square foot of sign area for each two (2) feet of setback from the nearest street center line width, whichever is greater, with a maximum area of one hundred (100) square foot."

  5. Case No. 10-038 25100 Novi Rd – Collex
    ( Click for this packet item 666KB)

    The petitioner is requesting the following variances on behalf of the property owner to address non-conformity that would result from the additional highway easement for the new railroad bridge on Novi Rd. and requests for relocation of an existing sign as a pole sign and a temporary sign for 18-24 months. The property is zoned I-2 and is located east of Novi Rd and south of Grand River.

    CITY OF NOVI, CODE OF ORDINANCES,

    Section 2400
    Required minimum building front yard setback 100’
    Proposed minimum building front yard setback 7.85’
    Variance requested 82.15’

    Section 2506.13
    Required minimum width of parking lot end islands                    8’
    Proposed minimum width of parking lot end islands           north 5’ - south 4’
    Variances requested                                                       north 3’ - south 4’

    Section 2513
    Required minimum corner clear area                    25’
    Proposed minimum corner clear area                     0’(north side of relocated drive includes retaining wall in clear zone)
    Variance requested                                              0’

    Section 2509.3.b
    Required ROW landscaping between parking lot and Novi Rd     25’
    Proposed ROW landscaping between parking lot and Novi Rd     7.85’
    Variance requested                                                                17.15’

    Section 2509.3.b
    Required minimum street trees:      1 per 40’ canopy (7 required) and 1 per 25’ sub-canopy (11 required)
    Proposed minimum street trees:     3 canopy and 3 sub-canopy trees
    Variance requested:                      waiver of 5 required canopy and 8 required sub-canopy trees

    Section 2001.3
    Required: Screening out outdoor storage yard
    Proposed: removal of existing screen wall
    Variance requested: waiver of screen wall requirement

    Section 28-5 (1)c. regarding signs permitted according to district states: "In any industrial district (I-1, I-2) on-premises advertising signs as follows: 1. Business sign: Ground sing, wall sign or canopy sign. (pole sign proposed)

    Section 28-6 Temporary signs may be erected in accordance with the use, are, height and placement regulations of this section. (requested sign is not allowed)

  6. Case No. 10-039 24460 Novi Rd – Michigan Tractor & Machine
    ( Click for this packet item 1.0MB)

    The petitioner is requesting the following variances on behalf of the property owner to address non-conformity that would result from the additional highway easement for the new railroad bridge on Novi Rd and allow relocation of existing signage. The property is zoned I-2 and is located east of Novi Rd and south of Grand River.

    CITY OF NOVI, CODE OF ORDINANCES,

    Section 2400 (24800 Novi Rd)
    Required minimum building front yard setback        100’
    Proposed minimum building front yard setback         76’
    Variance requested                                                24’

    Section 2400 (24800 Novi Rd)
    Required minimum parking lot front yard setback    100’
    Proposed minimum parking lot front yard setback      2’
    Variances requested                                             98’

    Section 2400 (24460 Novi Rd)
    Required minimum parking lot front yard setback    100’
    Proposed minimum parking lot front yard setback     21’
    Variances requested                                              79’

  7. Case No. 10-040 25345 Novi Rd – Stricker Paint
    ( Click for this packet item 497KB)

    The petitioner is requesting the following variances on behalf of the property owner to address the reduced visibility for existing non-conforming signage that would result from the additional highway easement for the new railroad bridge on Novi Rd. The property is zoned I-1 and is located west of Novi Rd and south of Grand River.

    Section 28-5 (1)c. regarding signs permitted according to district states: "In any industrial district (I-1, I-2) on-premises advertising signs as follows: 1. Business sign: Ground sing, wall sign or canopy sign.

  8. Case No. 10-041 1254 East Lake Dr
    ( Click for this packet item 370KB)

    Robert Cummings is requesting six (6) variances for the construction of a new home located at 1254 East Lake Drive. Applicant is requesting a ten (10) foot front yard setback variance, a 22.06 foot rear yard setback variance, a north side yard setback variance of ten (10) feet, a south side yard setback variance of 5.29 feet with a total aggregate variance of both side yards of 15.29 feet, and a lot coverage variance of 15.1%. Property is zoned R-4 and located on Lot 2 in the Supervisor’s Plat No. 1 Subdivision, which is located east of East Lake Drive and north of New Court. The existing house is to be or has been demolished. The Board granted this request in April 2006

    NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires; a thirty (30) foot front yard setback, a thirty-five (35) foot rear yard setback, a minimum side yard setback of ten (10) feet with an aggregate setback of both side yards of twenty-five (25) feet and a maximum lot coverage of twenty-five (25 %) percent.

    Required front yard setback                30 feet
    Proposed front yard setback               20 feet
    Variance requested                        10 feet

    Required rear yard setback                35 feet
    Proposed rear yard setback               12.94 feet
    Variance requested                         22.06 feet

    Required side yard setback (north)      15 feet
    Proposed side yard setback                 5 feet
    Variance requested                         10 feet

    Required side yard setback (south)      10 feet
    Proposed side yard setback                  4.71 feet
    Variance requested                           5.29 feet

    Required side yard setback (both sides) 25 feet
    Proposed side yard setback                    9.71 feet
    Variance requested                           15.29 feet

    Proposed lot coverage                          40.1%
    Maximum lot coverage                          25%
    Variance requested                           15.1% 

  9. Case No. 10-042 26650 Taft Rd – Hayes Trucking
    ( Click for this packet item 3.5MB)

    Lewis Hayes is requesting a use variance to allow outdoor storage for a concrete crushing operation. Property is zoned I-1 and is north of Grand River and east of Taft Rd.

    CITY OF NOVI, CODE OF ORDINANCES, Section 1901 Principal Uses Permitted states: "No building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provide in this Ordinance".

  10. Case No. 10-043 1181 West Lake Dr & 10-044 1185 West Lake Dr
    ( Click for this packet item 1.0MB) - 1181 West Lake Dr.
    ( Click for this packet item 206KB) - 1185 West Lake Dr.

    The petitioner is requesting use and dimensional variances to allow construction of a shared garage across the property line dividing two separate parcels of land in the front and side setbacks as well as side and rear setback variances for proposed porch additions to 1185 West Lake Dr.

    CITY OF NOVI, CODE OF ORDINANCES, Section 201 defines accessory use as follows: "Accessory use, or accessory: A use which is clearly incidental to, customarily found in connection with, and located on the same zoning lot as the principal use to which it is related."

    Section 2503 B Accessory Buildings states: "Accessory buildings shall not be erected in any required front yard…."

    Section 2503 G Accessory Buildings states: " A detached accessory building shall not be located closer than ten (10) feet to any main building and shall not be located closer than six (6) feet to any interior side lot or rear lot line."

    Section 2400:
    Required rear setback                                      35’
    Proposed rear setback                                       5.5’
    Variance requested                                          29.5’

    Section 2400
    Required minimum side setback                        10’ each side
    Proposed minimum side setbacks                       3’ and 8’
    Variances requested                                           7’ and 2’

    Section 2400
    Required minimum aggregate of side setbacks    25’
    Proposed minimum aggregate of side setbacks   11’
    Variance requested                                           14’

  11. Case No. 10-045 43771 Grand River Ave
    ( Click for this packet item 1.8MB)

    George Pascaris is requesting a use variance to allow outdoor storage for several adjacent parcels at 43771 – 43831 Grand River Avenue. The property is zoned TC-1 and is located south of Grand River Ave and west of Novi Road.

    CITY OF NOVI, CODE OF ORDINANCES, Section 1601 Principal Uses Permitted states: "In the TC and TC-1 Town Center Districts, no building or land shall be used and not building shall be erected except for one or more of the following specified uses unless otherwise provided for in this Ordinance".

  12. Case No. 10-046 44650 Eleven Mile Rd
    ( Click for this packet item 531KB)

The petitioner is requesting variances to add a new 2 car attached garage to an existing residence with an existing 2 car attached garage requiring a variance to exceed the 850 SF limit on accessory uses. Property is zoned R-4 and is located north of Eleven Mile Rd and east of Taft Rd.

Allowable maximum accessory use    850 SF
Proposed maximum accessory use   1160 SF
Variance requested                            310 SF

CITY OF NOVI, CODE OF ORDINANCES, SECTION 2503.1 E (1)

OTHER MATTERS

ADJOURNED

NOTICE: People with disabilities needing accommodations for effective participation in this meeting should contact the Community Development Department (248) 347-0415 at least seven working days in advance of the meeting. An attempt will be made to make reasonable accommodations.

 

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