ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, January 6, 2004 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Chairperson Gronachan dedicated the meeting to the memory of Laverne Reinke who passed away on December 17, 2003. Mr. Reinke served on the ZBA for 23 years and was a long-time resident of Novi.

1. Please turn off pagers and cell phones during the meeting.
2. Each person desiring to address the Board shall state his / her name and address.
3. Individual persons shall be allowed five (5) minutes to address the Board, an extension of time may be granted at the discretion of the Chairperson.
4. There shall be no questioning by the audience of the persons addressing the Board; However, the Board members may question that person with recognition of the Chairperson.
5. No person shall be allowed to address the Board more than once unless permission is granted by the Chairperson.
6. One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Approval of Minutes – November 6, 2003 - approved

Chairperson Gronachan welcomed Brent Canup to the Zoning Board of Appeals. Mr. Canup has served on the Board in the past.

Chairperson Gronachan congratulated the additional two new members elected to the Board on January 5, 2004 by the City Council. Dr. Mav Sanghvi has served on the Board in the past. Justin Fischer is serving as an alternate to the Board.

Jeffrey and Theresa Wainwright are requesting a favorable interpretation of land usage (zoning conformance) as provided in the Novi Zoning Ordinance thereby granting authorization of project continuance as a non special land use. The property is a ten (10) acre area parcel located on the south side of Grand River Road, west of Taft; more specifically, west of the Gatsby Restaurant. The north six (6) acres of the property is zoned I-1 and the south four (4) acres are zoned OST. The applicant is maintaining that the I-1 zoning boundary does not abut a residential zoning district and therefore a special land use is not required. Subject parcel is identified as sidwell # 50-22-16-451-046 and 50-22-16-451-009.

NOVI CODE OF ORDINANCES: Section 3104, "Jurisdiction", paragraph 1a,1b and 1c states that the Zoning Board of Appeals shall have the power to act on those matters where the ordinance provides for administrative review; to grant variances for exceptional and undue hardships and to interpret the provisions of this Ordinance.

Administrative Review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Building Official or any other administrative official in carrying out or enforcing any provision of this Ordinance.

Variance. To authorize, upon an appeal a variance from the strict application of the provisions of this Ordinance where by… there is an exceptional undue hardship upon the owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Ordinance.

Exception and Special Approvals. To hear and decide in accordance with the provisions of this Ordinance, requests for exceptions, for interpretations of the Zoning Map, and for decisions on special approval situations on which this Ordinance specifically authorizes the Board to pass.

MOTION: THAT IN CASE NO. 03-100 THE INTERPRETATION OF THIS PROPERTY IS TO BE A SINGLE PARCEL THAT REQUIRES SPECIAL LAND USE. IT IS RECOMMENDED THAT THE PROJECT BE SENT BACK TO THE PLANNING COMMISSION. THIS MOTION INCORPORATES THE LETTER WRITTEN BY THOMAS R. SCHULTZ DATED DECEMBER 16, 2003 AND ADDRESSED TO TIMOTHY A. STOEPKER.

J. B. Donaldson Company is requesting a variance to allow ancillary sales on property that abuts a residential zoning district for the Aladdin Heating and Cooling Company. The proposed business is located at 47087 Grand River Avenue (south side of Grand River Avenue, east of Beck Road). The property is approximately three (3) acres, zoned I-1, and is subject to Special Land Use Approval. Applicant plans a proposed showroom area of approximately 1318 square feet.

CITY OF NOVI, CODE OF ORDINANCES, Section 1903.6 states ancillary sales are permitted when not abutting a residential zoning district and subject to special conditions.

MOTION: THAT IN CASE NO. 03-104 TO GRANT THE PETITIONER’S REQUEST FOR A VARIANCE FOR ANCILLARY SALES ON PROPERTY THAT ABUTS RESIDENTIAL ZONING BASED ON THE FACT THAT THE REQUEST IS MINIMAL AND SERVES AS A GOOD FIT FOR THE PARCEL.

Ray Lighting Center is requesting a variance to allow outdoor storage in an I-1 zoning district. Applicant is requesting to maintain a 14 x 46 foot storage area surrounded by an eight-foot high chain link fence for outside storage that is adjacent to the building located at 25673 Meadowbrook Road. The property is located west of Meadowbrook Road and north of Grand River Avenue.

CITY OF NOVI, CODE OF ORDINANCES; Section 1905 (1) (a) states that all uses within the I-1 zoning district shall be conducted wholly within a completely enclosed building.

MOTION: THAT IN CASE NO. 03-105 TO DENY THE PETITIONER’S REQUEST TO MAINTAIN OUTDOOR STORAGE THAT IS IN VIOLATION OF THE CODE OF ORDINANCES OF THE CITY OF NOVI. THIS MOTION INCLUDES ADDITIONAL COMMENTS AS INDICATED IN THE MINUTES WHICH ARE SUMMARIZED AS:

PAST HISTORY OF POOR MAINTENANCE OF EXISTING STORAGE AREA.

DIFFICULTY TO CONSTRUCT AN ENCLOSED STORAGE AREA OR ENLARGE THE CURRENT BUILDING FOR ADDITIONAL STORAGE AREA.

Robert W. Bednas of Etkin Equities is requesting two (2) sign variance to erect one (1) ground sign at 27477 Cabaret Drive for Residence Inn - Marriott. The first variance is for an additional business sign and the second variance is for a distance variance from the centerline of Cabaret Drive.

CITY OF NOVI, CODE OF ORDINANCES: Section 28-6 (3) states:

"No parcel of land shall be allowed more than one (1) sign permitted under this section."

CITY OF NOVI, CODE OF ORDINANCES: Section 28-6 (2) states:

"Placement regulations for ground signs:

63 feet setback required

40 feet setback requested

The applicant is requesting permission to erect a ground sign 40 feet from the centerline of Cabaret Drive.

MOTION: THAT IN CASE NO. 03-106 TO DENY THE PETITIONER’S REQUEST FOR AN ADDITIONAL SIGN DUE TO THE FACT THAT THERE WAS NO PRACTICAL DIFFICULTY SHOWN AND THERE IS NO EVIDENCE OF LACK OF VISIBILITY.

Mr. Kosaian is requesting a 6.04 foot side yard setback variance on the west side of an existing structure located at 150 North Haven Road. Applicant has three (3) contiguous forty (40) foot lots with a total frontage of one hundred-twenty (120) feet and wishes to split the property. Nonconforming lots may have approved split provided; parcels are under single ownership and have a minimum width of sixty (60) feet with a total square foot area of six thousand (6,000) square feet.

CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a minimum side yard setback of ten (10) feet in an R-4 Zoning District

Required minimum side yard setback: 10 .00 Feet

Proposed minimum side yard setback 3.96 Feet

Robert Geracz is requesting a temporary use permit to allow an existing dwelling to remain on the property until construction of the new home is completed and occupancy is obtained. The property is located at 48800 Nine Mile Road, between Beck Road and Garfield Road, north of Nine Mile Road. The property is zoned RA.

CITY OF NOVI, CODE OF ORDINANCE, Section 3004, Paragraph 6a states that the granting of a temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.

MOTION: THAT IN CASE NO. 03-108 TO GRANT THE PETITIONER’S REQUEST FOR A VARIANCE TO UTILIZE THE EXISTING SINGLE FAMILY HOME DURING THE CONSTRUCTION OF A NEW HOME. THE CERTIFICATE OF OCCUPANCY WILL NOT BE GRANTED UNTIL THE EXISTING HOME IS DEMOLISHED.

Nancy McClain P.E. representing the City of Novi is requesting three (3) variances for the construction of a water booster station to be located on the northeast corner of West Park Drive and Twelve Mile Road. The applicant is requesting an eighteen (18) foot side yard setback variance (east side), a fifteen (15) foot rear yard setback variance (north side) and a variance for parking within the front yard. The property is zoned I-1 and is located on a corner lot.

CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a twenty (20) foot side and rear yard setback in an I-1 zoning district.

Required side yard setback 20 Feet

Proposed side yard setback 2 Feet

Required rear yard setback 20 Feet

Proposed rear yard setback 5 Feet

CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24; Section 2400, Paragraph (h)(1) "Schedule of Regulations" states that no off street parking shall be permitted within the front yard of a development area of less than two (2) acres.

MOTION: THAT IN CASE NO. 03-109 TO GRANT THE PETITIONER’S THREE (3) VARIANCE REQUESTS DUE TO LOT SIZE CONFIGURATION AND THE UNIQUE CIRCUMSTANCES REGARDING NARROWNESS AND SHAPE OF THE SUBJECT PROPERTY.

Mark & Michelle Galecka are requesting a twenty-two (22) inch variance for the combined total of both side yards for the construction of a proposed addition located at 40014 Sandpointe Way. The property is zoned R-3 and is located south of Nine Mile Road and east of Sunrise Boulevard.

CITY OF NOVI, CODE OF ORDINANCE, ARTICLE 24; Section 2400, "Schedule of Regulations" require a combined total side yard setback for both sides at a minimum of thirty (30) feet.

Minimum total aggregate (both sides) 30 feet

Proposed total aggregate 28 feet 2 inches

MOTION: THAT IN CASE NO. 03-110 TO GRANT THE PETITIONER’S REQUEST FOR A 22 INCH SIDE YARD VARIANCE DUE TO LOT SIZE AND CONFIGURATION.

Amen Korean United Methodist Church (which is located at the Novi United Methodist Church building) is requesting one (1) sign variance to erect an additional ground sign to be located at 41671 W. Ten Mile Road. Novi United Methodist Church is located south of Ten Mile Road and west of Meadowbrook Road.

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…"

Roger Soulliere is requesting a variance to continue the use of outdoor storage in an I-1 zoning district for the business known as Stone City Incorporated located at 26940 Taft Road. Applicant is requesting a three-year variance similar to previous ZBA Case # 00-082. Property is located north of Grand River and east of Taft Road.

CITY OF NOVI, CODE OF ORDINANCES: Section 1905, Paragraph 1a states that all uses within the I-1 District shall be conducted wholly within a completely enclosed building.

Ted C. Minasian of Minasian Development Corp. is requesting one (1) sign variance to allow an expired construction sign to remain at 41850 W. Eleven Mile Road for the Pinnacle Office Centre. This is a second extension request with the first granted by the Zoning Board of Appeals on December 3, 2002.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(1) "Temporary Signs" states:

Max permit duration or exemption – "Not to be issued prior to building permit and is valid until issuance of last certificate of occupancy or for a period of twelve (12) months, whichever occurs first."

MOTION: THAT IN CASE NO. 03-113 TO GRANT THE PETITIONER’S REQUEST FOR A SIGN EXTENSION FOR A MAXIMUM OF ONE-YEAR WITH THE UNDERSTANDING THAT THE SIGN IS TO BE REMOVED AT THE ISSUANCE OF CERTIFICATE OF OCCUPANCY FOR THE REST OF THE BUILDING.

Doug Stratton of Fram Building Group representing Meadowbrook Townhomes is requesting one (1) sign variance to erect an additional ground sign for the second phase of development. The proposed corner sign is located south of Thirteen Mile Road and west of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(2) states:

"…subdivision business signs are to be located at entranceways to subdivisions only..."

MOTION: THAT IN CASE NO. 03-115 TO GRANT THE PETITIONER’S REQUEST FOR ONE (1) SIGN VARIANCE FOR AN ADDITIONAL SIGN WITH A RESTRICTION OF TOTAL HEIGHT NOT TO EXCEED 100 INCHES AND 24 INCHES ABOVE GROUND WITH THE TOP "FRAM’ TO BE REMOVED. THIS IS A ONE-YEAR VARIANCE. THE SIGN THAT WAS PRESENTED IS TO BE ENTERED AS EXHIBIT A.

William V. Harris of Northstar Signs, Inc. representing Meadowbrook Corporate Park is requesting two (2) sign variances to erect a ground sign east of Meadowbrook Road between Eleven Mile and Twelve Mile Roads.

CITY OF NOVI, CODE OF ORDINANCES: Section 28-7 (4) states:

Area and height regulations – real estate signs.

Area:

60 square feet requested

16 square feet permitted on vacant parcels

44 square foot variance needed

Height:

13 feet height requested

5 feet height permitted

8 foot height variance needed

MOTION: THAT IN CASE NO. 03-116 TO GRANT THE PETITIONER’S REQUEST FOR TWO (2) SIGN VARIANCES WITH THE MODIFICATION ON THE HEIGHT OF THE SIGN TAKING TWO FEET OUT AND MAKING IT TWO FEET SHORTER THAN IT IS CURRENTLY. THIS IS GRANTED WITH THE CONFIRMATION THAT THE OTHER SIGN INFORMATION IS CORRECT AND THAT IT IS TO BE REMOVED IN EARLY FEBRUARY.

Anastasios Bozadzis is requesting five (5) variances for the installation of a thirteen thousand (13,000) gallon liquid nitrogen tank in the rear of the building located at 25715 Meadowbrook Road. Applicant is requesting an unscreened outdoor storage tank (accessory structure) in excess of the allowed 600 gallons to be located within ten (10) feet of the main building. The property is zoned I-1 and is located south of Eleven Mile Road and west of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCES; Section 1905, Paragraph 1(a) states that all uses within the I-1 district shall be conducted wholly within a completely enclosed building.

CITY OF NOVI, CODE OF ORDINANCES; Section 1905; Paragraph 1(b)(2) states that an outdoor storage tank may be allowed provided the outdoor storage tank does not exceed 600 gallon capacity where outdoor placement is necessary for compliance with Chapter 15 (Fire Prevention) of the City of Novi Code of Ordinances.

Proposed capacity of outdoor storage tank 13,000 Gallons

Maximum allowed capacity 600 Gallons

CITY OF NOVI, CODE OF ORDINANCES; Section 1905; Paragraph 1(b)(2) states that all such storage tanks must be enclosed or screened from public view. Such screening shall consist of a wall not less than one foot higher than the height of the storage tank placed therein….

CITY OF NOVI, CODE OF ORDINANCES; Section 1905; Paragraph 1 (b)(2) states that all screening material shall consist of masonry, consisting of those materials permitted under the exterior wall material standards contained in Section 2520 (Exterior Building Wall Façade Materials).

CITY OF NOVI, CODE OF ORDINANCES; Section 2503; Paragraph 1 (D) states that no detached accessory building (structure) shall be located closer than ten (10) feet to any main building…

Required setback for accessory structure 10 feet

Proposed setback for accessory structure 6 feet

Member Brennan inquired about the status of the Westmarket sign that was before the Board at the December 2, 2003 meeting. He asked the department to look into the matter.

Sarah Marchioni reported that the Collier International construction identification sign mentioned in Case No. 03-116 will receive a letter from Alan Amolsch on the expiration date which is February 5, 2004. They will be given ten (10) days to either remove the sign or apply for a variance.

Don Saven stated that this is the last time Sarah Marchioni will be attending the Zoning Board of Appeals meeting. He thanked Member Gronachan for her memorial to Laverne Reinke.