| View Agenda for this meeting View Minutes for this meeting ACTION SUMMARY Roll call Members Bauer, Brennan, Gray, Gronachan, Sanghvi and Reinke Rules of Conduct:
Approval of Agenda – approved as presented Approval of Minutes – June 4, 2002 and July 9, 2002 – approved as presented Public Remarks - none 1) Case No. 02-061 filed by SR Jacobson for 45588 South Lake Drive SR Jacobson Development Co. is requesting a temporary variance to maintain the construction of a fence within the front yard to control pedestrian traffic for the two models located on lots 129 and 130 (45588 and 45580 South Lake Drive) in the Bristol Corners Subdivision. CITY OF NOVI, CODE OF ORDINANCES, Section 2515, Paragraph 1a (2) which states that fences in all lots of record in all residential districts…shall not extend toward the front of the lot nearer than the minimum front yard setback distance. The applicant is requesting a temporary variance to maintain the existing fence within the front yard for the two models at 45588 and 45580 South Lake Drive. TABLED TO SEPTEMBER 10, 2002 MEETING 2) Case No. 02-062 filed by Steve Riddell of Value City Furniture Steve Riddell of Value City Furniture is requesting a variance to allow the verbiage "Value City Furniture Customer Pick Up" to remain on the existing awning located in the rear of the store. 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 a variance to allow verbiage to remain on the existing awning. MOTION: THAT IN CASE NUMBER 02-062 TO GRANT THE PETITIONER’S VARIANCE REQUEST FOR A CUSTOMER PICK UP SIGN WITH THE CONDITION THAT IT IS NOT TO BE LARGER THAN TWENTY FOUR (24) SQUARE FEET 3) Case No. 02-063 filed by Richard Tanielian of 1280 East Lake Drive Richard Tanielian is requesting three (3) side yard setback variances for the construction of a new home located at 1280 East Lake Drive. The applicant is requesting a 4.5 foot north side yard setback variance, a 9.5 foot south side yard setback variance and a combined side yard setback variance of fourteen (14) feet. The applicant has previously been before the Zoning Board of Appeals and is providing a new request. Please note: The garage in the rear has been demolished. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" states that there be a ten (10) foot minimum side yard setback with a combined total of both side yards equaling twenty five (25) feet in an R-4 Zoning District. Required side yard setback (North): 10 feet Proposed: 5.5 feet Variance: 4.5 feet Required side yard setback (South): 15 feet Proposed: 5.5 feet Variance: 9.5 feet Required setback (both sides): 25 feet Proposed: 11 feet Variance: 14 feet TABLED TO SEPTEMBER 10, 2002 MEETING 4) Case No. 02-064 filed by Bret & Kristine Miller of 24594 Redwing Drive Bret and Kristine Miller are requesting a rear yard setback variance of 2.37 feet for the construction and addition to their home at 24594 Redwing Drive. The property is zoned R-4 and the proposed uncovered deck meets the setback requirements. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400, "Schedule of Regulations" states that the minimum rear yard setback shall be thirty five (35) feet. Required rear yard setback: 35 feet Proposed: 32.63 feet Variance: 2.37 feet MOTION: THAT IN CASE NUMBER 02-064 TO GRANT THE PETITIONER’S REQUEST OF 2.37 FEET DUE TO THE SIZE AND AREA REQUIRED FOR THE ADDITION 5) Case No. 02-066 filed by Mongolian Barbeque at 43155 Main Street Gene Guthrie of Anchor Sign representing Mongolian Barbeque located at 43155 Main Street is requesting two variances to erect a projecting upper level sign. Mongolian Barbeque had previously been granted a variance to erect two wall signs but will be removing the signs if the variance for the projecting sign is granted. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.f.2(a) "Projecting Signs" states: "An upper level projecting sign shall not exceed forty (40) square feet in area or three (3) feet in width." Requested area: 49 square feet Permitted: 40 square feet Variance: 9 square feet Requested width: 7.5 feet Permitted: 3 feet Variance: 4.5 feet MOTION: THAT IN CASE NUMBER 02-066 TO APPROVE THE VARIANCE REQUEST DUE TO TROUBLE WITH MARKETING IN THIS DAY AND AGE WITH THE CONDITION THAT BOTH OF THE WALL SIGNS WILL BE REMOVED. ALSO, THE BOARD WOULD LIKE A LETTER FROM THE RECEIVER STATING HIS APPROVAL OF THE NEW SIGN. 6) Case No. 02-067 filed by VIP Tire and Auto at 48705 Grand River Kenneth Valentine is requesting a use variance to allow the continued storage of licensed and unlicensed vehicles awaiting repair at VIP Tire and Auto located at 48705 Grand River. The property is zoned B-3. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 1501 "Principle Uses Permitted" states that no building or land shall be used and no building shall be erected except for one or more of the following specified uses (outlined in paragraphs 1 – 8 available for review) unless otherwise provided in this Ordinance. CITY OF NOVI, CODE OF ORDINANCE, Section 1501, Paragraph 1 states that any retail business or service establishment permitted in B-1 and B-2 Districts as Principle Uses Permitted and Uses Permitted Subject to Special Conditions and subject to the restrictions therein. CITY OF NOVI, CODE OF ORDINANCE, Section 1403.2 states that all business, servicing or processing, except for off street parking and loading/unloading, shall be conducted within completely enclosed buildings. VIP Tire and Auto is requesting a use variance to maintain outdoor storage of licensed and unlicensed vehicles awaiting repair. TABLED TO SEPTEMBER 10, 2002 MEETING 7) Case No. 02-068 filed by David Lanyon of 44641 Yorkshire Drive David Lanyon is requesting a side yard setback variance of 2.33 feet for the construction of a 12 x 23 foot open deck, within the side yard of their home located at 44641 Yorkshire. The property is zoned R-4. CITY OF NOVI, CODE OF ORDINANCE, Section 2908 "Projections into Yards" states that architectural features may project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard. Required side yard setback: 10 feet Proposed: 6 feet Allowable projection: 1.67 feet Variance: 2.33 feet MOTION: THAT IN CASE NUMBER 02-068 TO GRANT THE PETITIONER’S REQUEST OF 2.33 FEET DUE TO THE PECULIAR SIZE AND SHAPE OF THE LOT 8) Case No. 02-069 filed by Carroll Installations representing Fidelity Investment at 43420 Grand River Avenue John Carroll representing Fidelity Investment (fka Novi Crossings) is requesting a sign variance to erect a 38.6 square foot illuminated wall sign on the north elevation at 43420 Grand River. 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 a variance to erect a wall sign on the north elevation. MOTION: THAT IN CASE NUMBER 02-069 TO DENY THE PETITIONER’S REQUEST DUE TO LACK OF PRACTICAL DIFFICULTY AND THE FACT THAT THIS IS A DESTINATION POINT RATHER THAN A DRIVE-BY POINT
9) Case No. 02-070 filed by General Filters at 43800 Grand River Avenue Bob Redner of General Filters is requesting a sign variance to erect a twenty eight (28) square foot ground sign to be located at 43800 Grand River. 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 a variance to erect a twenty eight (28) square foot ground sign. MOTION: THAT IN CASE NUMBER 02-070 TO GRANT THE PETITIONER’S REQUEST FOR IDENTIFICATION PURPOSES AND FOR THE UPGRADE OF THE OLD SIGN 10) Case No. 02-071 filed by Abel Kwang of 45007 Yorkshire Drive Abel Kwang is requesting a rear yard setback variance of 2.27 feet, a south side yard variance of three (3) feet and a combined total side yard variance of three (3) feet for the construction of a family room addition to the residence located at 45007 Yorkshire. The property is zoned R-4. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" states that the minimum rear yard setback is thirty five (35) feet and that there be a ten (10) foot minimum side yard setback with a combined total of both side yards equaling twenty five (25) feet in an R-4 Zoning District. Required rear yard setback: 35 feet Proposed: 32.73 feet Variance: 2.27 feet Required south side setback: 14 feet Proposed: 11 feet Variance: 3 feet Required combined total side yard setback: 25 feet Proposed: 22 feet Variance: 3 feet MOTION: THAT IN CASE NUMBER 02-071 TO GRANT THE APPLICANT’S REQUEST FOR THREE (3) SETBACK VARIANCES DUE TO LOT SIZE AND SIDE YARD CONFIGURATIONS FOR THE ADDITION NEEDED 11) Case No. 02-072 filed by Pollack Design Associates for Novi Wixom City Gate at 44488 Grand River Avenue Christie Dunbar of Pollack Design Associates is requesting five (5) variances for the construction of a gas regulator building located at 44488 Grand River. The variance requests are for; an east side yard setback variance of 34.58 feet, a west side yard setback variance of 32.42, a variance for the construction of a berm or wall along Grand River, a four (4) foot variance for the interior building landscape (adjacent to the building) and a variance to construct an unpaved driveway and parking area. The proposed building is 390 square feet in size and is located on property that is fifty (50) feet wide. The existing gas regulator building (155 square feet) is to be removed. The property is zoned I-2. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" require a fifty (50) foot side yard setback in an I-2 Zoning District. Required side yard setback (east): 50 feet Proposed: 15.42 feet Variance: 34.58 feet Required side yard setback (west): 50 feet Proposed: 17.58 feet Variance: 32.42 feet CITY OF NOVI, CODE OF ORDINANCE, Section 2509.4a6, 2509.5 and 2509.7 requires an approved landscape planting buffer for the property abutting a road right-of-way. The applicant is not providing a wall or berm for safety reasons due to the desire to quickly access the underground gas piping system. CITY OF NOVI, CODE OF ORDINANCE, Section 2509.9 "Interior Building Landscape Requirements" states that there shall be a minimum of a four (4) foot width green space immediately adjacent to the building on all four sides. The applicant is unable to provide the landscaping adjacent to the building due to the extensive underground gas piping system. CITY OF NOVI, CODE OF ORDINANCE, Section 2506.8 requires that the entire parking area including parking spaces and maneuvering lanes be provided with asphalt or concrete surfacing. The applicant proposes only a portion of the driveway to be paved. MOTION: THAT IN CASE NUMBER 02-072 (A & B) TO GRANT THE PETITIONER’S REQUEST FOR THE TWO (2) SIDE YARD SETBACKS SINCE IT IS AN ESSENTIAL SERVICE AND THE WIDTH AND DEPTH OF THE LOT THAT IN CASE NUMBER 02-072 (C) TO GRANT THE PETITIONER’S REQUEST FOR THE LACK OF A BERM OR WALL ALONG GRAND RIVER RIGHT-OF-WAY DUE TO ADDITIONAL SAFETY WITHOUT A BERM OR A WALL THAT IN CASE NUMBER 02-072 (D) TO GRANT THE PETITIONER’S REQUEST FOR THE LACK OF LANDSCAPING ALONG THE INTERIOR OF THE BUILDING DUE TO THE NATURE OF THE BUSINESS. ALSO, TO REQUEST THAT THE PETITIONER WORK WITH THE NEIGHBOR TO THE EAST TO PROVIDE ADDITIONAL SCREENING ON HIS PROPERTY AND TAKING INTO CONSIDERATION THAT THE TOPOGRAPHY VARIES BETWEEN THE TWO PROPERTIES. THE INTENT IS TO PROVIDE MAXIMUM SCREENING. THAT IN CASE NUMBER 02-072 (E) TO GRANT THE PETITIONER’S REQUEST TO PAVE ONLY TO THE GATE DUE TO THE NATURE OF THE OCCUPANCY. ALSO, THIS SITE IS NOT MANNED SO PARKING SPACES DO NOT NEED TO BE PROVIDED. 12) Case No. 02-073 filed by Robert Dempster representing Ace Cutting Equipment and Supply at 25806 Novi Road Robert Dempster of Dempster Designs representing Ace Cutting Equipment & Supply is requesting three sign variances to erect a thirty (30) square foot projecting sign at 25806 Novi Road. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)f.1(a) "Projecting sign" states: "Area: A pedestrian level projecting sign shall not exceed ten (10) square feet in area or three (3) feet in width…" and "Height: The bottom of such sign shall be at least eight and one-half (8 ˝) feet above the surrounding grade and shall not exceed twelve (12) feet in height." Requested area: 30 square feet Permitted: 10 square feet Variance: 20 square feet Requested width: 5 feet Permitted: 3 feet Variance: 2 feet Requested height: 14 feet, 6 inches Permitted: 12 feet Variance: 2 feet, 6 inches MOTION: THAT IN CASE NUMBER 02-073 TO GRANT THE PETITIONER’S VARIANCE REQUEST FOR THE SIGN 13) Case No. 02-074 filed by Greg Hudas representing Regency Center Greg Hudas of Signature Associates is requesting an extension of a sign variance granted on July 17, 2001 for a marketing sign located at the entranceway to Regency Centre on Haggerty Road. See ZBA Case No. 01-048. MOTION: THAT IN CASE NUMBER 02-074 TO GRANT THE PETITIONER’S VARIANCE REQUEST FOR ONE (1) YEAR TO ASSIST THE MARKETING AND BUILDING OUT THE LOCATION 14) Case No. 02-075 filed by Richard Rassel representing Shemin Nurseries of 27400 Beck Road Richard Rassel is requesting a modification and determination of continued use of a wholesale landscaping operation as a lawful non-conforming use for the property located at 27400 Beck Road. The property has been rezoned to OST and has received ZBA approval with continuing jurisdiction. See Case No.’s 1505, 99-009 and 99-071. CITY OF NOVI, CODE OF ORDINANCE, Section 2502, Paragraph (3) and (5) states; Paragraph (3) -"Where at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended such use may be continued, so long as it remains otherwise lawful…" and Paragraph (5) – "If a lawful use of structure or of structure and land in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be permitted in the district under terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful…" Shemin Nurseries does not propose a single change to its existing operations. There will be no enlargement, extension, expansion, movement, reconstruction or alteration of any use or structure on the property. CITY OF NOVI, CODE OF ORDINANCE, Section 3105 "Orders" states that in exercising the powers, the board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made… Shemin Nurseries is requesting the removal of the temporary conditional nature of the previous variances granted. MOTION: THAT IN CASE NUMBER 02-075 TO GRANT THE PETITIONER’S REQUEST FOR A VARIANCE TO THE LENGTH OF THE TERM OF THEIR CURRENT LEASE WHICH EXPIRES IN 2010 TO CONDUCT THE EXISTING BUSINESS AS IT HAS BEEN AN ON-GOING OPERATION 15) Case No. 02-076 filed by Don Henry of Tomco Fabricating, Inc. at 25155 Haggerty Don Henry of Tomco Fabricating, Inc. is requesting a use variance to allow outdoor storage in an I-1 Light Industrial Zoning district for the property located at 25155 Haggerty Road. The property was zoned I-2 which permitted outdoor storage related to the business use only and required an eight (8) foot high obscuring wall around the property. CITY OF NOVI, CODE OF ORDINANCE, Article 19, Section 1905 "Required Conditions" states that all uses within an I-1 Zoning District shall be conducted within a completely enclosed building. The applicant is requesting to maintain the outdoor storage on his property. TABLED TO SEPTEMBER 10, 2002 MEETING OTHER MATTERS 1) Scott Shuptrine signage Donald Saven explained that Scott Shuptrine had received variances for two signs. They now have three signs erected and are arguing that they are allowed these three signs. Mr. Saven asked if the Board recalled their action? The Board agreed that one of the signs was supposed to be taken down and that two signs were allowed on the building. 2) Ronald Coon Member Gray asked what the status is with Mr. Coon on West Lake Drive? Sarah Marchioni explained that he had a new survey done and that his setbacks and variance request had changed. He explained this situation to Ms. Marchioni a week after the cut-off date and the agenda was already full so he was moved to the September meeting. Meeting adjourned at 10:08 p.m.
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