| View Agenda for this meeting View Minutes for this meeting ACTION SUMMARY Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd. Roll call Members Present: Bauer, Brennan, Canup, Fischer, Gray, Gronachan, and Sanghvi Rules of Conduct:
Approval of Agenda - approved Public Remarks Mr. Charlie Schalliol with Site Enhancement Services (representing Fidelity Investments) requested to table the case presentation of ZBA 04-048 to the July 6, 2004 ZBA meeting. This request was voted on and approved by the Zoning Board of Appeal members. 1. Case No. 04-040 filed by Bryan Letourneau for residence at 50191 Nine Mile Road. Case was tabled from the May 4, 2004 meeting. Mr. Letourneau is requesting an eleven (11) foot minimum side yard setback variance and a variance of 7 feet 9 inches for the minimum aggregate total of two side yards for the construction of an addition and attached garage to the property located at 50191 Nine Mile Road. Property is Zoned R-A and is located between Garfield and Napier Roads on the south side of Nine Mile Road. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a minimum side yard setback of twenty (20) feet and a minimum aggregate setback of two side yards at fifty (50) feet in an R-A Zoning District. Minimum Side Yard Setback Required 20 Feet Minimum Side Yard Setback Proposed 9 Feet Variance Requested 11 Feet
Minimum Aggregate Of Two Sides Required 50 Feet Minimum Aggregate Of Two Sides Proposed 42 Feet 3 Inches Variance Requested 7 Feet 9 Inches MOTION: IN CASE NUMBER 04-040 TO GRANT THE VARIANCE REQUESTED BY THE APPLICANT BECAUSE OF THE HARDSHIP DEMONSTRATED BY THE PRESENCE OF WOODLANDS ON THE EAST, PRESENCE OF THE WELL AND THE CONFIGURATION OF THE LOT.
2. Case No. 04-026 filed by Gordon Wilson for residence at 1322 East Lake Drive. Mr. Wilson has officially requested additional time. The case will be presented at the July 6, 2004 ZBA meeting.
3. Case No. 04-041 filed by Mr. & Mrs. John Anderson for residence at 1361 East Lake Drive. Case was tabled from the May 4, 2004 meeting. Mr. & Mrs. John Anderson are requesting four (4) variances for the construction of a new home and detached garage located at 1361 East Lake Drive. Applicant is requesting a twelve (12) foot side yard setback variance on the south side, a twelve (12) foot variance for the aggregate total of both side yards, a twenty-one (21) percent lot coverage variance and an 8.33 percent rear yard lot coverage variance. Property is located east of East Lake Drive between Thirteen and Fourteen Mile Road and Zoned R-4. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with an aggregate total of two sides being twenty-five (25) feet and a maximum lot coverage of twenty-five (25) percent. Side Yard Setback Required (South Side) 15 Feet Side Yard Setback Proposed (South Side) 3 Feet Variance Requested 12 Feet Minimum Aggregate Of Two Side Yards Required 25 Feet Minimum Aggregate Of Two Side Yards Proposed 13 Feet Variance Requested 12 Feet Lot Coverage Proposed 46 % Maximum Lot Coverage 25 % Variance Requested 21 % CITY OF NOVI, CODE OF ORDINANCES: Section 2503, Paragraph 1C "Accessory Building", states that no accessory structure shall occupy more than twenty-five (25) percent of any required rear yard… Rear Yard Accessory Structure Lot Coverage 33.33 % Rear Yard Maximum Coverage By Ordinance 25 % Variance Requested 8.33 % MOTION: IN CASE NUMBER 04-041 FOR JOHN ANDERSON AT 1361 EAST LAKE DRIVE TO DENY THE REQUEST FOR VARIANCES AS STATED FOR THE REASONS THAT WERE MENTIONED IN THE PREVIOUS TESTIMONY AND BY BOARD MEMBERS. THE APPLICANT HAS NOT INDICATED THAT HE CAN’T BUILD WITHOUT LESS OF A VARIANCE.
4. Case No. 04-044 filed by Dean Masciulli of Multi Building Company for 20882 Maybury Park Drive in Maybury Park Estates Subdivision. Dean Masciulli of Multi Building Company is requesting a 164 square foot variance for the construction of an attached garage located at 20882 Maybury Park Drive, unit 7, in the Maybury Park Estates Subdivision. The property is zoned R-A and is located north of Eight Mile Road and west of Beck Road. CITY OF NOVI, CODE OF ORDINANCES, Section 2503, Paragraph 1(G) requires the total aggregate floor space of all accessory structures not exceed one thousand (1,000) square feet in a R-A District. Proposed accessory structure: 1,164 square feet Maximum allowed for accessory structure: 1,000 square feet Variance Requested: 164 square feet MOTION: IN CASE NUMBER 04-044 MOVE THAT THE PETITIONER’S REQUEST BE GRANTED DUE TO THE CONSERVATION EASEMENT CAUSING A PROBLEM WITH THE LOT CONFIGURATION.
5. Case No. 04-045 filed by Dean Masciulli of Multi Building Company for 21127 Rosewood Court in Maybury Park Estates Subdivision CASE WAS WITHDRAWN ON MAY 26, 2004 Dean Masciulli of Multi Building Company is requesting a 380 square foot variance for the construction of an attached garage located at 21127 Rosewood Court, unit 17, in the Maybury Park Estates Subdivision. The property is zoned R-A and is located north of Eight Mile Road and west of Beck Road. CITY OF NOVI, CODE OF ORDINANCES, Section 2503, Paragraph 1(G) requires the total aggregate floor space of all accessory structures not exceed one thousand (1,000) square feet in a R-A District. Proposed accessory structure: 1,380 square feet Maximum allowed for accessory structure: 1,000 square feet Variance Requested: 380 square feet
6. Case No. 04-046 filed by Desiree Davis of Tadian Homes for signage at Saratoga Circle and Camden Court Developments Desiree Davis of Tadian Homes is requesting a fifth extension of two (2) previously granted sign variances that have expired for the Saratoga Circle and Camden Court developments. Please refer to ZBA Case No.’s 99-038, 99-039, 00-095, 01-096 and 03-017. The first variance is a 4’ x 8’ (32 sq. ft.) ground sign located at the southwest corner of Thirteen Mile and Novi Road. The second variance is a 4’ x 8’ (32 sq. ft.) ground sign located at the north corner of Novi Road and Old Novi Road. The applicant is requesting permission to allow the two (2) existing signs to remain for one (1) year. The signs were refaced to reflect that Tadian Homes is marketing the development. CASE NO 04-046 WAS TABLED TO THE JULY 6, 2004 ZBA MEETING DUE TO LACK OF REPRESENTATION
7. Case No. 04-047 filed by Douglas W. Teubert for vacant property adjacent to 48120 Eight Mile Road Douglas W. Teubert is requesting the placement of an accessory structure on a parcel of land prior to the placement of a principle permitted structure. The applicant is requesting a 30 X 50 accessory structure located on a vacant parcel of land (Sidwell number 5022-32-400-026) adjacent to 48120 Eight Mile Road located north of Eight Mile Road and west of Beck Road. CITY OF NOVI, CODE OF ORDINANCES: Section 301 "Principle Uses Permitted" allows accessory buildings and uses when customarily incidental to a permitted use. Applicant is requesting placement and use of an accessory structure without a principle permitted structure and use. CASE NO 04-047 WAS TABLED TO THE JULY 6, 2004 ZBA MEETING DUE TO THE REQUEST FOR ADDITIONAL INFORMATION FROM THE APPLICANT 8. Case No. 04-048 filed by Kyle Bach of Site Enhancement Services for Fidelity Investments Kyle Bach of Site Enhancement Services representing Fidelity Investments is requesting three (3) additional signs at the Fidelity Investment building located at 43420 Grand River Avenue located on the northwest corner of Grand River Avenue and Novi Road. Sign 1 – Illuminated Wall Sign on the north elevation CITY OF NOVI, CODE OF ORDINANCES, 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 an additional 32.8 area square foot illuminated wall sign on the north elevation. Sign 2 – Awning sign on the north corner elevation CITY OF NOVI, CODE OF ORDINANCES, 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 an awning sign measuring 2.32 area square foot sign on the north elevation. Sign 3 – Awning sign on the west corner elevation CITY OF NOVI, CODE OF ORDINANCES, 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 an awning sign measuring 2.32 area square foot sign on the west elevation. DURING PUBLIC REMARKS AT THE JUNE 1, 2004 ZBA MEETING, MR. CHARLIE SCHALLIOL OF SITE ENHANCEMENT SERVICES (REPRESENTING FIDELITY INVESTMENTS) REQUESTED TO TABLE THE CASE PRESENTATION OF ZBA 04-048 TO THE JULY 6, 2004 ZBA MEETING. THIS REQUEST WAS VOTED ON AND APPROVED BY THE ZONING BOARD OF APPEAL MEMBERS.
9. Case No. 04-049 filed by George Dawson for residence at 1405 East Lake Road George Dawson is requesting four (4) variances for the construction of a second floor addition to an existing home located at 1405 East Lake Drive. The applicant is requesting a north side yard setback variance of 6.92 feet, a south side yard setback variance of 8.42 feet, a combined total aggregate side yard setback variance of 15.33 feet and a front yard setback variance of 7.5 feet. The property is in the R-4 zoning district. CITY OF NOVI, CODE OF ORDINANCES, Article 29, Section 2900, "Schedule of Regulations" requires a minimum front yard setback of thirty (30) feet, a minimum side yard setback of ten (10) feet, an aggregate side yard setback of twenty-five (25) feet for both sides. Required front yard setback: 30.0 feet Proposed front yard setback: 22.5 feet Variance required: 7.5 feet Minimum required side yard setback (north side) : 10.00 feet Minimum proposed side yard: 3.08 feet Variance required: 6.92 feet Required side yard setback (south side): 15.00 feet Proposed side yard setback: 6.58 feet Variance required: 8.42 feet Required aggregate side yards (both sides): 25.00 feet Proposed side yard setback: 9.67 feet Variance required: 15.33 feet MOTION: IN CASE NUMBER 04-049 FOR THE SECOND STORY ADDITION AT 1405 EAST LAKE DRIVE THE VARIANCE BE GRANTED AS REQUESTED FOR REASONS AS STATED BY THE OWNER AND THE OBSERVATIONS AS MADE BY THE BOARD.
10. Case No. 04-050 filed by David Khalil for 43000 Nine Mile Road – Novi Business Center Building David Khalil is requesting a variance to allow the outdoor storage of trailers located at 43000 Nine Mile Road – Novi Business Center Building. The property is zoned I-1 and is located on the north side of Nine Mile Road between Novi Road and the railroad tracks. CITY OF NOVI, CODE OF ORDINANCES, Section 1905, Paragraph (1)(a) states that all uses shall be conducted within a completely enclosed building. The applicant is requesting to maintain the storage of the existing trailers on the property. MOTION: IN CASE NUMBER 04-050 - 43000 NINE MILE ROAD-NOVI BUSINESS CENTER THAT THE REQUEST FOR OUTDOOR STORAGE BE DENIED AT THIS TIME FOR REASONS STATED BY THE BOARD.
11. Case No. 04-051 filed by Victoria Willbond of Multi Building Company for Maybury Park Estates
Victoria Willbond of Multi Building Company representing Maybury Park Estates subdivision is requesting five (5) sign variances for the entrance to the subdivision located on the north of Eight Mile Road west of Beck Road. The entrance is on both sides of the driveway one facing east and one facing west. They are allowed to have one sign out of the four signs requested. West side of entrance structure Variance 1 – Crest sign One (1) Crest signs – in the middle of the top structure of the entrance. Crest measures 36" height by 22" width for a total of 5.4 square feet. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states: "…no building or parcel of land shall be allowed more than one (1) sign permitted under this section…" Applicant is requesting permission to erect one 5.4 square feet crest signs on entrance. Variance 2 – Crest sign CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2.ii states: "All other ground signs shall not exceed a height of five (5) feet.." Requested height: 18 feet 2 inches Permitted height: 5 feet Variance: 13 feet 2 inches Variance 3 – subdivision identification sign One (1) subdivision identification sign on west side of entrance structure. Sign measures 36" height by 201" width for a total of 50.25 square feet. This would be the one sign allowed, however a variance is needed for size on this sign.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)d.1. states: "One (1) square foot of sign for one (1) foot of setback….with a maximum of twenty-four (24) square feet." Requested: 50.25 square feet Permitted: 24 square feet Variance: 26.25 square feet East side of entrance structure Variance 4 –crest sign One (1) Crest signs – in the middle of the top structure of the entrance. Crest measures 36" height by 22" width for a total of 5.4 square feet. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states: "…no building or parcel of land shall be allowed more than one (1) sign permitted under this section…" Applicant is requesting permission to erect one 5.4 square feet crest signs on entrance. Variance 5 – Crest sign CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2.ii states: "All other ground signs shall not exceed a height of five (5) feet.." Requested height: 18 feet 2 inches Permitted height: 5 feet Variance: 13 feet 2 inches Variance 6 – subdivision identification sign One (1) subdivision identification sign on east side of entrance structure. Sign measures 36" height by 201" width for a total of 50.25 square feet. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states: "…no building or parcel of land shall be allowed more than one (1) sign permitted under this section…" Applicant is requesting permission to erect one 50.25 square feet subdivision identification sign Variance 7 – subdivision identification sign CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)d.1. states: "One (1) square foot of sign for one (1) foot of setback….with a maximum of twenty-four (24) square feet." Requested: 50.25 square feet Permitted: 24 square feet Variance: 26.25 square feet
MOTION: IN CASE NUMBER 04-051 FOR MAYBURY PARK ESTATES TO GRANT THE SIGN VARIANCE REQUESTS AS STATED. VARIANCES FOR TWO CRESTS #1,2,4 AND 5 THE CREST SIGNS BE ACCEPTED AS AN ARTISTIC AUGMENTATION AND TO BE USED IN THIS CASE ONLY AS REPRESENTED ON THE DRAWING AS PRESENTED TO THIS BOARD AND ENTERED AS DOCUMENTATION. VARIANCES FOR TWO SUBDIVISION IDENTIFICATION SIGNS # 3, 6 AND 7 GRANT THE VARIANCE REQUESTS AS STATED. 12. Case No. 04-052 filed by Carrie Lynch of Allied Signs for AT & T Wireless Carrie Lynch of Allied Signs is requesting to install a second wall sign (for rear elevation) at the AT & T Wireless store located at 43267 Crescent Blvd which is north of Grand River Avenue and east of Novi Road. AT & T Wireless is in the Novi Town Center between Baja Fresh and Boyne County Sports. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3)d. "Each separately owned and operated business… is entitled to one (1) identification wall sign." The applicant is requesting permission to erect a second wall sign on the rear elevation of the store. The illuminated wall sign measures ll’2 7/16" by 24" with a area square footage 22.35 square feet. MOTION: IN CASE NUMBER 04-052 THAT THE PETITIONER’S REQUEST FOR THE SECOND SIGN FACING CRESCENT BOULEVARD BE APPROVED FOR BUSINESS IDENTIFICATION.
13. Case No. 04-053 filed by Paul Rizzardi of Singh Management Co., LLC for Brownstones Apartment Homes Paul Rizzardi of Singh Management Co., LLC representing Brownstones Apartment Homes development is requesting one (1) sign variance for an extension of the construction sign located at the corner of Thirteen Mile and Holmes Drive. The applicant is requesting permission to allow the construction sign to remain for an extended period of time as determined by the Board. The sign will be refaced to reflect that Singh Management Co., LLC is now managing the development. MOTION: IN CASE NUMBER 04-053 THE PETITIONER’S VARIANCE REQUEST BE GRANTED FOR A ONE YEAR TIME PERIOD.
14. Case No. 04-033 filed by Vaun Poplogar of State Permit for the Amoco gas station at 43420 Twelve Mile Road Case was tabled from the May 4, 2004 meeting. On May 19, 2004 Mr. Poplogar requested case to be tabled to the July 6, 2004 ZBA meeting.
15. Case No. 04-034 filed by Vaun Poplogar of State Permit for the Amoco gas station at 39471 Twelve Mile Road Case was tabled from the May 4, 2004 meeting. On May 19, 2004 Mr. Poplogar requested case to be tabled to the July 6, 2004 ZBA meeting.
16. Case No. 04-058 filed by Evan Gerish for 24823 Thatcher Drive in the Churchill Crossing Subdivision Evan Gerish of LoPiccolo Homes, Inc. is requesting a 191.75 square foot variance for the construction of an attached garage located at 24823 Thatcher Drive in the Churchill Crossing Subdivision. Property is zoned R-4 and is located north of Ten Mile Road and west of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 2503, Paragraph 1(G) requires the total aggregate floor space of all accessory structures not exceed one thousand (850) square feet in a R-4 District. Proposed accessory structure: 1,041.75 square feet Maximum allowed for accessory structure: 850 square feet Variance Requested: 191.75 square feet MOTION: WITH RESPECT TO CASE NUMBER 04-058 MOVE FOR APPROVAL ON THE VARIANCE REQUESTED – THE PETITIONER IS WITHIN THE SPIRIT OF THE ORDINANCE.
17. Case No. 04-060 filed by Mike Baker of Schonsheck, Inc. for Millennium Technology Center Mike Baker of Schonsheck, Inc. is requesting a variance for the shared access road (third point of access) required as a condition of the preliminary site plan approval (SP03-08) for the Millennium Technology Center development located in section 12 between Haggerty Road and Cabot Drive south of Thirteen Mile Road and north of Lewis Drive. CITY OF NOVI, CODE OF ORDINANCES, Section 2516 "Site Plan Review," Paragraph 2(e) states: "Any conditions imposed shall be recorded in the record of approval of the site plan, and shall remain unchanged except upon mutual consent of the approving body and the landowner." Applicant was unable to secure a cross access easement with the adjacent Ridgeview Development and are requesting a variance for the requirement of a third point of access. MOTION: IN CASE NUMBER 04-060 MOVE TO APPROVE THE PETITIONER’S VARIANCE REQUEST BASED ON OUR ATTORNEY’S RECOMMENDATION.
OTHER MATTERS Member Canup discussed the matter of the proposed rezoning of the cemetery parcel at the northeast corner of Twelve Mile and Novi Road. The Planning Commission will set a public hearing on June 23, 2004 which is tentatively scheduled for July 14, 2004. He encouraged anyone that has an opinion about this matter to express that opinion. The Board discussed Case No. 04-031 for Designer Rugs & Furniture and requested that the Building Department investigate our continuing jurisdiction for the variance granted.
Meeting adjourned at 9:15 pm.
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