REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI

CIVIC CENTER – 45175 TEN MILE RD.

Tuesday – November 9, 1999

The Meeting was called to order at 7:30 p.m., with Chairman Brennan presiding.

ROLL CALL

Present Members Meyer, Bauer, Reinke, Brennan

Absent Members Fannon, Harrington, Sanghvi

Also Present Donald M. Saven – Building Official

Nancy McKernan – Recording Secretary

Chairman Brennan indicated there are three (3) gentlemen absent and all three (3) have given us prior notice. We have a total of four (4) Board Members present. The Zoning Board of Appeals is a hearing board empowered by the City Charter to hear appeals seeking variances from the application of the Novi Zoning Ordinance. We have tonight what is called a "short board", we have four (4) Members. Anyone who has come tonight has the option of either waiting until next month to have their case heard or you can have your case heard tonight; but you will have to have all four (4) Members approval. You will need to have us all vote yes in order to obtain the variance. So you do have two (2) options.

APPROVAL OF AGENDA

Chairman Brennan indicated we have seven (7) cases that have already told us that they will be tabled until December. Everyone of the Board Members has this list; so is there any discussion on the agenda as it is now? Hearing none all in favor to approve the amended agenda, please say aye. All ayes. Agenda Approved.

Cases that have been tabled to the December 7, 1999 Meeting are: Case No. 99-074 filed by The City of Novi; Case No. 99-077 filed by The City of Novi, Case No. 99-078 filed by Husky Injection Molding Systems, Case No. 99-079 filed by SignArt, representing CVS/Pharmacy, Case No. 99-080 filed by New Horizons of Oakland County, Case No. 99-082 filed by Greenberg Farrow Architecture, representing Home Depot and Case No. 99-083 filed by Providence Hospital and Medical Center, representing Providence Park Place.

APPROVAL OF MINUTES

Chairman Brennan indicated we have the minutes from the September 7, 1999 and October 5, 1999 Meeting. Are there any changes or corrections to the minutes? Hearing none, all in favor please say aye. All ayes. Minutes approved as written.

PUBLIC REMARKS

Chairman Brennan indicated seeing no hands, we will move onto the first case.

Mr. Curtis is wishing to demolish the existing home and garage at 101 Penhill and construct a new home and garage. In order to do this he is in need of five (5) variances. This site had been approved for five (5) variances at the August 10, 1999 Meeting; but due to a change in the footprint of the building a new hearing is necessary.

William Curtis was present and duly sworn.

William Curtis: I am the homeowner at 101 Penhill. I would like to apologize for being here a second time. We dismissed our first builder because they gave us a price of $82,000.00 to set the house on the basement after the ZBA approval. In October the price went to $165,000.00. We feel that Anthony Rizzo, a general contractor, will do us a better job at a better price. If you look at the 2 floor plans that I left in October; the first being Medallion and the second being Active Homes you will see that they are about the same number of rooms, just a little larger in the floor area.

William Curtis: What I am asking the Board to approve is that on the front facing Penhill Street a 6 foot variance which is the same distance as the existing house which is also the same distance of the two neighbors to the north of me. On the side yard between the houses we have a 3.73 foot variance which was granted on August 10^th which is the same distance as the existing house also. On the rear yard of the lot we have 14 foot that was granted in August and we need a 15 foot variance because Active Homes is a larger plan by two feet. On the front facing West Lake Drive, we are in need of a 14.73 foot variance which is smaller offset as 15’ was granted in August. The proposed lot coverage is 29% as to what I have calculated but they had 30% on the paper, and that is only 3% over the August Meeting.

William Curtis: This will be our last time before the Board, we hope, and we would like to start our project soon. Thank you. Is there any questions?

Chairman Brennan indicated there was a total of 33 Notices sent to property owners. There was one written response received voicing approval. Copy in file. One approval was handed to the Chairman by the applicant.

AUDIENCE PARTICIPATION

There was no audience participation.

DISCUSSION

Don Saven: I do see some positive features here in terms that they will be removing a garage which is also on the property and at the side yard setback it is consistent as what it was before and there is no infringement on that side yard where it would become a fire issue.

Chairman Brennan: I think it is much like what we approved the first time. It is an improvement in the area. There was a great deal of support the first time around. There is only a minor change in the building design with the different builder. I would have a tendency to support the petition.

Vice-Chairman Bauer: I would have no problem with this.

Member Reinke: I think that the petitioner has done to the best extent of what anyone can do with that lot being in an angled configuration that it is and he has tried to meet the intent of the ordinance in every way that is possible.

Moved by Member Reinke,

Seconded by Vice-Chairman Bauer,

THAT IN CASE NO. 99-076 THE PETITIONERS’ VARIANCES BE GRANTED DUE TO LOT SIZE AND CONFIGURATION.

Roll Call: Yeas (4) Nays (0) Motion Carried

William Spencer is requesting a 2’6" side yard setback variance to allow for the construction of an addition at 1231 East Lake Rd.

William Spencer was present and duly sworn.

William Spencer: I am asking for the variance because I want to build onto the back of my house and extend it out 16 feet. I need a side yard setback variance as it is 7’6" and the requirement is 10’. I just want to come straight out the back and I want to maintain my roof lines and the passage way from the kitchen to come into the family room there.

Chairman Brennan indicated there was a total of 18 Notices sent to adjacent property owners. There was one written response received voicing approval. Copy in file.

AUDIENCE PARTICIPATION

There was no audience participation.

DISCUSSION

Don Saven: I don’t have any problems with this. He is well within the fire limits that I would look at.

William Spencer: There is a 5 day waiting period to apply for the permit, could I apply for a waiver on that so that I could get the foundation going before the weather turns.

Chairman Brennan: If you get the four (4) votes we will kick that around for you.

Moved by Vice-Chairman Bauer,

Seconded by Member Reinke,

THAT IN CASE NO. 99-081 THAT THE REQUESTED VARIANCE BE GRANTED DUE TO LOT SIZE.

Roll Call: Yeas (4) Nays (0) Motion Carried

Chairman Brennan inquired of Vice-Chairman Bauer: Do you want to add to the motion the waiver of the five (5) day waiting period?

Vice-Chairman Bauer: Yes, we can waive the five (5) day waiting period.

Chairman Brennan: I wanted to ask Mr. Saven’s assistance on another matter. There are two (2) cases on the docket that will show up in December and I would like to ask that a letter be drafted as the City of Novi has two (2) sign requests and I think that there is support on the Board that we would like the City to go through the same procedures that we ask of any resident or business and we would like mock ups for both of those signs. Please have that directed to whomever in the City that would need to know, Ed Kriewall, Lou Martin or whomever. This will relate to the sign in West Oaks and a new proposed sign out in front of City Hall. These can be as simple as plywood, to show the exact size and location.

The Meeting was adjourned at 7:43 p.m.

Date Approved _ _

Nancy C. McKernan

Recording Secretary