| View Agenda for this meeting View Minutes for this meeting ACTION SUMMARY Roll call: Members Bauer, Brennan, Gray, Gronachan, and Reinke Absent: Member Sanghvi (excused) Rules of Conduct:
Approval of Agenda - approved Approval of Minutes – May 7, 2002 – approved as amended Public Remarks - none 1) Case No. 02-051 filed by Planet Neon representing Too Chez Jeffrey Heyn of Planet Neon representing Too Chez Restaurant located at 27155 Sheraton Drive is requesting two (2) variances to add the verbiage of "Bistro" to the existing sign and to erect a second wall sign on the south elevation with the same verbiage. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)i.b. "Area Regulations – Wall Signs": Requested: 101 square feet Permitted: 40 square feet Variance: 61 square feet CITY OF NOVI, CODE OF ORDINANCE, 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 wall sign on the south elevation. MOTION: THAT IN CASE NUMBER 02-051 TO GRANT THE PETITIONER’S REQUEST TO ADD THE VERBIAGE "BISTRO" TO THE EXISTING SIGNAGE ON THE EAST ELEVATION AND TO DENY THE REQUEST FOR A SECOND WALL SIGN ON THE SOUTH ELEVATION BECAUSE THE SIGNAGE ON THE EAST ELEVATION IS ADEQUATE TO IDENTIFY THE BUILDING 2) Case No. 02-052 filed by Partenie Todor of 22001 Beck Road Partenie Todor is requesting a variance to allow occupancy of an existing home during construction of a proposed new residence on the property located at 22001 Beck Road, sidwell 5022-32-200-016. The property is zoned RA, One Family Residential District. The proposed new home meets setback requirements for the new construction and all existing structures will be removed upon occupancy of the new home. CITY OF NOVI, CODE OF ORDINANCE, Section 401, "Principal Uses Permitted", Paragraph (1) states that no building or land shall be used and no building shall be erected except for the following…One family detached dwellings. The applicant proposes to reside in the existing home until such time that occupancy can be granted for the new home. During this period of time there will be two separate single family structures on the same lot. MOTION: THAT IN CASE NUMBER 02-052 TO GRANT THE PETITIONER’S REQUEST TO LIVE IN THE EXISTING HOME WHILE THE NEW HOME IS BEING CONSTRUCTED. THE EXISTING HOME MUST BE DEMOLISHED WITHIN SIXTY (60) DAYS AFTER A CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE NEW HOME. THE VARIANCE WILL BE EFFECTIVE FOR TWO YEARS WITH AN EXPIRATION DATE OF JULY 9, 2004. 3) Case No. 02-053 filed by Central Park LLC of 47375 Central Park Blvd. Adriano Paciocco of Central Park LLC is requesting three (3) variances to allow the existing flagpole to remain at 47375 Central Park Boulevard. CITY OF NOVI, CODE OF ORDINANCE, Section 2503.2.B. "Accessory Structures" states: "Flagpoles may be located within any required front or exterior side yard. Such poles shall be located no closer to a public right-of-way than one half (1/2) the distance between the right-of-way and principal building." CITY OF NOVI, CODE OF ORDINANCE, Section 2903 "Height Limit" states: "The height limitations of this Ordinance shall not apply to farm buildings, chimneys, church spires, flagpoles…provided, however, that the Board of Appeals may specify a height limit for any such structure requires authorization as a conditional use and provided further that the height of any such structure shall not be greater than the distance to the nearest property line."
CITY OF NOVI, CODE OF ORDINANCE, Section 3003.4 "Permits" states: "No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a building permit shall have been first issued for such work." The applicant is requesting permission to allow the existing flagpole to remain. MOTION: THAT IN CASE NUMBER 02-053 TO APPROVE THE PETITIONER’S REQUEST TO ALLOW AN EXISTING FLAGPOLE TO REMAIN AT THE CURRENT LOCATION FOR A PERIOD OF THREE (3) MONTHS OR LESS. AT SUCH TIME IT WILL BE MOVED TO THE LANDSCAPED PARKING LOT AREA BY THE CLUB HOUSE. 4) Case No. 02-054 filed by Charles Fosse representing Beechforest Park Charles Fosse of Wah Yee Associates is requesting an approval for a one year extension of ZBA Case No. 99-069 to coincide with Planning Commission approval for the Beechforest Office Park, located at 26999 Meadowbrook Road, sidwell number 5022-14-200-015. This case previously received an extension at the June 5, 2001 Zoning Board of Appeals meeting to allow a one year extension of a variance to coincide with the expiration of the final site plan approval. The applicant is presently scheduled with the Planning Commission on July 10, 2002 for a one year extension of the final site plan approval. The final site plan expires on August 28, 2002. MOTION: THAT IN CASE NUMBER 02-054 TO GRANT THE PETITIONER’S REQUEST FOR AN EXTENSION ON PREVIOUSLY GRANTED VARIANCES SO THAT IT COINCIDES WITH THE PLANNING COMMISSION APPROVAL. THE EXTENSION IS GRANTED SUBJECT TO PLANNING COMMISSION APPROVAL. *Please note – the project received a final site plan extension from the Planning Commission on July 10, 2002 therefore will expire on July 10, 2003. 5) Case No. 02-055 filed by Gerald Attee of Picasso Cafe Gerald Attee of Picasso Café is requesting a variance to allow outdoor seating on a brick paver patio located within the front yard of the Grand Oaks Centre. Picasso Café is a restaurant use whose location is at 39915 Grand River (the northern most unit) and is located in a NCC Zoning District. The applicant is requesting seasonal outdoor seating of three tables and twelve chairs from the date of the meeting until October 31, 2002. CITY OF NOVI, CODE OF ORDINANCE, Section 901, "Principle Permitted Uses", Paragraph 4(a) allows for a sit down restaurant in a NCC District and "…there shall not be permitted any of the following types of restaurants: drive in, fast food carry out, fast food sit down or fast food drive through." Proposed use is to provide seasonal outdoor seating of three tables and twelve chairs. CITY OF NOVI, CODE OF ORDINANCE, Section 2503, "Accessory Uses", Paragraph 2a states: "Accessory structures shall be located in the rear yard and shall meet the setback requirements of an accessory building." The applicant is proposing a brick paver patio and outdoor seating within the front yard. MOTION: THAT IN CASE NUMBER 02-055 TO GRANT APPROVAL FOR OUTDOOR SEATING FOR THREE TABLES AND TWELVE CHAIRS AND FOR THE BRICK PAVER AND PATIO AREA. THE FIVE DAY WAITING PERIOD WILL BE WAIVED AND THE OUTDOOR SEATING WILL BE FROM JULY 9, 2002 UNTIL OCTOBER 31, 2002. 6) Case No. 02-056 filed by Arnim Associates, Inc. representing homeowners of 45821 Ashford Circle Zolykha Niksimaee of Arnim Associates, Inc. is requesting a 7.4 foot rear yard setback variance for the construction of a proposed Florida room addition located at 45821 Ashford Circle, Windridge Subdivision. The property is zoned R-3. CITY OF NOVI, CODE OF ORDINANCE, Section 2400, "Schedule of Regulations" requires a minimum of a thirty five (35) foot rear yard setback. Required rear yard setback: 35 feet Proposed: 27.6 feet Variance: 7.4 feet MOTION: THAT IN CASE NUMBER 02-056 TO GRANT THE PETITIONER’S REQUEST OF 7.4 FEET FOR THE REAR YARD SETBACK BASED ON THE FACT THAT IT IS NO MORE INTO THE BACKYARD THAN THE EXISTING DECK IS AND TO GIVE THE PETITIONER A PLACE TO SIT IN EVENING HOURS WITHOUT BEING BOTHERED BY THE BUGS 7) Case No. 02-057 filed by Chris & Linda Postma of 905 Lemay Chris & Linda Postma are requesting a 24.5 foot rear yard setback variance for construction of a second story addition over an existing home located at 905 Lemay. The property is zoned R-4. CITY OF NOVI, CODE OF ORDINANCE, Section 2400, "Schedule of Regulations" requires a minimum of a thirty five (35) foot rear yard setback. Required rear yard setback: 35 feet Proposed: 10.5 feet Variance: 24.5 feet MOTION: THAT IN CASE NUMBER 02-057 TO GRANT THE PETITIONER’S REQUEST OF 24.5 FEET FOR THE REAR YARD SETBACK DUE TO LOT CONFIGURATION AND TO MAKE USE OF THEIR HOUSE 8) Case No. 02-058 filed by Andrew Dietrich of 911 Lemay Andrew Dietrich of 911 Lemay is requesting a variance to allow the existing fence on the southern side of the property to exceed the maximum height per Ordinance. The property is zoned R-4. CITY OF NOVI, CODE OF ORDINANCE, Section 2515.1.a(1) "Fences" states: "Fences on all lots of record in all residential districts, which enclose property and/or are within a required side yard…shall not exceed six feet (6’) in height…" Allowed: 6 feet Proposed: 8 feet, 5 inches Variance: 2 feet, 5 inches MOTION: THAT IN CASE NUMBER 02-059 TO GRANT THE PETITIONER’S REQUEST TO ALLOW AN EXISTING FENCE TO REMAIN DUE TO THE TOPOGRAPHY OF THE LOT 9) Case No. 02-060 filed by Walter Stone of Summit Pointe Office Walter Stone is requesting an interpretation or use approval for a Sundry Shop to be located at 39500 High Pointe Boulevard (Summit Pointe). The property is zoned OSC and the Sundry Shop is less than 600 square feet in area. The applicant is appealing the city’s interpretation that the use be considered a "Principle Use Permitted Subject to Special Conditions." The applicant claims that the use is a "Principle Permitted Use" according to Section 1201, Paragraph (1) and (4) whereby the use is customarily incidental to the allowed permitted uses. The proposed shop does not provide seating. The statement of operations and detail description of business is available for review. MOTION: THAT IN CASE NUMBER 02-060 THE BOARD AGREES WITH THE APPLICANT’S INTERPRETATION THAT THIS IS CUSTOMARY AND INCIDENTAL TO THE ALLOWED PERMITTED USE. THE VARIANCE IS FOR THIS FACILITY ONLY. ALSO, THAT THE ORDINANCE REVIEW COMMITTEE SHOULD LOOK AT THIS ISSUE. OTHER MATTERS 1) Tom Schultz - research Member Sanghvi had made the request to Mr. Schultz for the research and since he was not in attendance Mr. Schultz would hold off until next meeting or speak to him directly. 2) 2015 West Lake Drive – Ronald Coon Sarah Marchioni indicated that she spoke to him earlier in the day. He was working on his plans and trying to eliminate as many variances as possible. He is hoping to attend the August meeting. 3) Telephone numbers to the public Sarah Marchioni explained that a company had called her asking for the phone numbers of the Board members to invite them to a grand opening. Ms. Marchioni did not feel comfortable giving out this information and would like the Board members to provide her with a policy. The members stated that they did not wish Ms. Marchioni to give that information out. She may give them the spelling of their names and the interested party may look it up in the phone book. Otherwise, correspondence should be mailed to her and distributed to the members. 4) Mongolian BBQ – Main Street Sarah Marchioni had received a phone call from a sign company who was working on Mongolian BBQ. They would be removing the two wall signs and erecting a projecting sign. They would like to know what type of mock-up sign the Board would like to see? The Board members agreed that they could place a banner of the same size on the wall that the sign would be erected on. Adjourned at 8:42 p.m.
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