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View Minutes for this meeting ACTION SUMMARY Roll call Members Present: Bauer, Brennan, Canup, Fischer, Gray, Gronachan Member Absent Excused: Sanghvi Rules of Conduct:
Approval of Agenda - Approved Approval of Minutes – April 6, May 4, and June 1, 2004 – Three minutes approved with April 6, 2004 minutes amended as follows: April 6, 2004 - Page 41, line 23 change "mood" to "move" Public Remarks – Mr. James Harrington, representing Glenda’s Market, requested to table the case presentation of ZBA 04-057 to the next ZBA meeting dated August 10, 2004. This request was made to give the applicant an opportunity to meet with the neighbors and address their concerns. MOTION: TO TABLE CASE 04-057 WITH THE INCLUSION THAT THE CASE WILL BE HEARD BY THIS BOARD AT THE AUGUST, 2004 MEETING.
Case No. 04-026 filed by Gordon T. Wilson of 1322 East Lake Drive CASE TABLED FROM THE APRIL 6, 2004 MEETING Mr. Wilson is requesting six (6) variances for the construction of a new home on an existing foundation at 1322 East Lake Drive. Applicant is requesting: a rear yard variance of six (6) feet, a front yard setback variance of eleven (11) feet, a north side yard setback variance of 8.5 feet, a south side yard setback variance of 8.7 feet, a total aggregate side yard setback variance of 17.2 feet and a 10.5 % lot coverage variance. Property is zoned R-4 and located east of Old Novi Road and north of Thirteen Mile Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require; a thirty (30) foot front yard setback, a thirty-five (35) foot rear yard setback, a ten (10) foot minimum side yard setback with an aggregate total of both sides being twenty-five (25) feet and a maximum lot coverage of 25% in an R-4 zoning district. Required Front Yard Setback 30 Feet Proposed Front Yard Setback 19 Feet Variance Requested 11 Feet Required Rear Yard Setback 35 Feet Proposed Rear Yard Setback 29 Feet Variance Requested 6 Feet Minimum Required Side Yard Setback (North Side) 10 Feet Minimum Proposed Side Yard Setback 1.5 Feet Variance Requested 8.5 Feet Required Side Yard Setback (South Side) 15 Feet Proposed Side Yard Setback 6.3 Feet Variance Requested ` 8.7 Feet Minimum Aggregate Of Two Side Yards 25 Feet Proposed Aggregate Of Two Sides 7.8 Feet Variance Required 17.2 Feet Proposed Lot Coverage 35.5 % (Percent) Maximum Allowable Lot Coverage 25 % Variance Requested 10.5% MOTION: IN CASE NUMBER 04-026 FILED BY GORDON T. WILSON OF 1322 EAST LAKE DRIVE THAT WE GRANT THE PETITIONER’S REQUEST DUE TO THE UNIQUENESS OF THE LAND SIZE AND CONFIGURATION AND FOR THE FACT THAT HE HAS SHOWN THAT HE IS ASKING FOR THE LEAST POSSIBLE VARIANCES. ALSO, WITH THE UNDERSTANDING THAT BY COMPLETION OF CONSTRUCTION THE SHED ON THE SOUTHEAST CORNER WILL BE REMOVED.
Case No. 04-033 filed by Vaun Poplogar with State Permit for BP Gas Station at 39471 Twelve Mile Road Mr. Poplogar is requesting one (1) sign variance to allow the sign change from Amoco Gas Station to BP Gas Station which is located at 43420 Twelve Mile Road on the northwest corner of Twelve Mile and Novi Roads. The variance is required because the original sign for Amoco Oil Company received a Zoning Board of Appeals Case No. 91-74A-C variance approval for the height and square footage of the sign. The approved verbiage for the sign was stated as "Amoco." The applicant is requesting a change of verbiage on the sign from "Amoco" to read "BP." The new proposed sign will be 41.43 square feet. The existing Amoco sign measures 41.66 square feet. CASE NO. 04-333 HAS BEEN CANCELLED BY THE APPLICANT
Case No. 04-034 filed by Vaun Poplogar with State Permit for BP Gas Station at 39471 Twelve Mile Road Mr. Poplogar is requesting one (1) sign variance to allow the sign change from Amoco Gas Station to BP Gas Station which is located on 39471 Twelve Mile Road on the southwest corner of Twelve Mile and Haggerty Roads. The variance is required because the original sign for Amoco Oil Company received a Zoning Board of Appeals Case No. 91-73A-D variance approval for the height and square footage of the sign. The approved verbiage for the sign was stated as "Amoco." The applicant is requesting a change of verbiage on the sign from "Amoco" to read "BP." The new proposed sign will be 41.43 square feet. The existing Amoco sign measures 41.66 square feet. CASE NO. 04-334 HAS BEEN CANCELLED BY THE APPLICANT
Case No. 04-046 filed by Desiree Davis with Tadian Homes for Sign extensions for Saratoga Circle and Camden Court developments CASE TABLED AT JUNE 1, 2004 MEETING DUE TO FAILURE TO APPEAR 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 development. 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. MOTION: WITH RESPECT TO CASE 04-046 IT IS MOVED TO DENY THE PETITIONER’S REQUEST FOR AN EXTENSION FOR THE VARIANCE DUE TO THE FACT THAT THEY HAVE NOTED THAT THEY ARE AT 95 PERCENT BUILD OUT. Case No. 04-047 filed by Douglas W. Teubert for vacant lot adjacent to 48120 Eight Mile Road CASE TABLED AT JUNE 1, 2004 MEETING 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. MOTION: IN THE MATTER OF 04-047 FILED BY DOUGLAS W. TEUBERT FOR THE VACANT LOT ADJACENT TO 48120 EIGHT MILE ROAD MOVE TO APPROVE THE VARIANCE REQUESTED TO BUILD AN ACCESSORY STRUCTURE THAT IS APPURTENANT TO NOTHING AT THIS POINT. SUBJECT TO IT (ACCESSORY STRUCTURE) WILL NOT BE USED FOR RESIDENCY OF ANY SORT- IT WILL BE USED FOR STORAGE ONLY AND IT WILL NOT BE USED FOR BUSINESS PURPOSES (NOT TO BE OPEN FOR RETAIL BUSINESS).
Case No. 04-048 filed by Kyle Bach of Site Enhancement Services for Fidelity Investment Signage at 43420 Grand River Avenue CASE TABLED AT JUNE 1, 2004 MEETING AT THE REQUEST OF APPLICANT 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. MOTION: THAT IN CASE NUMBER 04-048 THAT THE VARIANCE REQUEST BE DENIED AS STATED ON THE GROUNDS THAT HAVE BEEN MADE EVIDENT BY THE BOARD MEMBERS.
Case No. 04-054 filed by Richard S. Tuttle of Great Oaks Landscape Assoc. for 47885 Milan Court, Lot #36 in Bellagio Subdivision Mr. Tuttle is requesting one (1) variance to allow a decorative landscape wall to be placed within a front yard setback of the residence located at 47885 Milan Court, Lot 36, Bellagio Subdivision. Property is zoned R-A and located south of Nine Mile and west of Beck Road. CITY OF NOVI, CODE OF ORDINANCES, Section 2503, "Accessory Uses", Paragraph 1.B. states that accessory buildings (Structures) shall not be erected in any required front yard in any required exterior side yard. Applicant is requesting to allow accessory structure to be located in a required front yard. MOTION: THAT IN THE CASE OF 04-054 FILED BY RICHARD TUTTLE OF GREAT OAKS LANDSCAPE THAT WE DENY THE VARIANCE DUE TO THE FACT THAT THE PETITIONER HAS NOT ESTABLISHED A HARDSHIP.
Case No. 04-055 filed by James Cerretani for 47725 Bellagio in Bellagio Subdivision Mr. Cerretani is requesting one (1) variance for an eighty-eight (88) square foot variance for the construction of an attached garage located at 47725 Bellagio Drive, Unit 42, Bellagio Subdivision. Property is zoned R-A and is located south of Nine Mile and west of Beck Road. CITY OF NOVI, CODE OF ORDINANCES, Section 2503; "Accessory Uses," Paragraph 1.G. requires that the total aggregate floor area of all accessory structures not exceed 1,000 square feet in an R-A zoning district. Proposed attached garage size 1,088 square feet Allowable attached garage size 1,000 square feet Variance requested: 88 square feet MOTION: THAT IN THE CASE OF 04-055 FILED BY JAMES CERRETANI FOR 47725 BELLAGIO THAT WE GRANT THE PETITIONER’S REQUEST DUE TO THE COMMENTS MADE BY THE BOARD TONIGHT CONCERNING THE REST OF THE AREA AND THE NEIGHBORHOOD.
Case No. 04-056 filed by Carrie Lunch of Allied Signs for McDonald’s Restaurant sign at 42665 Twelve Mile Road Ms. Lynch with Allied Signs is requesting two (2) variances to erect one (1) pole, illuminated ground sign at the McDonald’s restaurant at 42665 Twelve Mile Road. The property is in the R-C Zoning District and is located east of Novi Road on the south side of Twelve Mile Road. 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 12 feet Permitted height 5 feet Variance requested: 7 feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-1(7) states: "Ground sign means a sign supported by a monument,…" Applicant is requesting that the sign be erected on a pole measuring nine (9) feet in height. CASE NO. 04-056 WAS TABLED TO THE AUGUST 10, 2004 ZBA MEETING AT THE REQUEST OF APPLICANT. Case No. 04-057 filed by Christopher Cagle for Glenda’s Market at 40575 Grand River Avenue Mr. Cagle is requesting one (1) variance to allow outdoor storage of landscape material on a vacant parcel of land west of 40575 Grand River Avenue, Sidwell 5022-24-301-011. Property is zoned OS-1 and located east of Meadowbrook Road and south of Grand River Avenue. CITY OF NOVI, CODE OF ORDINANCES, Section 1101, "Principal Uses Permitted" prohibits outdoor storage in an OS-1 Zoning District. Applicant is requesting the storage of landscape materials on the abutting leased property in an OS-1 Zoning District. CASE NO. 04-057 WAS TABLED TO THE AUGUST 10, 2004 ZBA MEETING (SEE PUBLIC REMARKS).
Case No. 04-059 filed by Jason Fern for 125 Maudlin Road Mr. Fern is requesting three (3) side yard setback variances for the construction of a new home located at 125 Maudlin, Lot 46 and ½ walk lying adjacent, Idlemere Park Subdivision. Applicant is requesting a north side yard setback variance of five (5) feet, a south side yard setback variance of ten (10) feet and a combined aggregate side yard setback variance of fifteen (15) feet. Property is zoned R-4 and located west of Old Novi Road and south of South Lake Drive. Note: Applicant has requested the proposed home to be centered on the property. CITY OF NOVI, CODE OF ORDINANCES, Article 24; Section 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with a minimum aggregate of two side yards of twenty-five (25) feet. Side yard setback required (north side) 10 feet Side yard setback proposed (north side) 5 feet Variance requested: 5 feet Side yard setback required (south side) 15 feet Side yard setback proposed (south side) 5 feet Variance requested: 10 feet Aggregate of two side yards required 25 feet Aggregate of two side yards proposed 10 feet Variance requested: 15 feet MOTION: THAT IN CASE 04-059 FILED BY JASON FERN FOR 125 MAULDIN ROAD THAT WE GRANT THE PETITIONER’S REQUEST DUE TO THE UNIQUENESS AND NARROWNESS OF THE LOT SIZE.
Case No. 04-061 filed by Robert Murawski for Programmed Products Corp at 44311 Grand River Avenue Mr. Murawski is requesting two (2) variances for a loading door/loading dock and truck well to be placed on the portion of the building that faces the abutting residential district and located on the wall closest to the boundary of the residential district for the property at 44311 Grand River Avenue. Property is zoned I-1 and is located south of Grand River Avenue and west of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 1905.4.a. states: "No truck well, loading dock or door, shall be permitted on or in the wall of the building which faces the abutting residential district…" Applicant is requesting the proposed loading door be located on a wall of the building which faces the abutting residential district. Applicant is requesting the proposed loading dock and truck well is located on the wall closest to the boundary of the residential district. CASE NO. 04-061 WAS TABLED TO THE AUGUST 10, 2004 ZBA MEETING TO ALLOW APPLICANT ADDITIONAL TIME TO ADDRESS CONCERNS OF RESIDENTS.
Case No. 04-062 filed by Mrs. Debra Robertson for 44645 Kerri Court in Cedar Springs Subdivision Mrs. Robertson is requesting one (1) variance for a 7.2 foot rear yard setback variance for the reconstruction of a deck and screened porch enclosure at 44645 Kerri Court, Lot 200, Cedar Springs Subdivision No 4. Property is zoned R-4 and located east of Taft Road and south of Eleven Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Article 24; Section 2400, "Schedule of Regulations" requires a minimum of a thirty-five (35) foot setback in an R-4 Zoning District. Required rear yard setback 35 feet Proposed rear yard setback 27.8 feet Variance requested: 7.2 feet MOTION: IN THE MATTER OF CASE O4-062 MOVE TO APPROVE THE VARIANCE REQUESTED DUE TO THE LOT SIZE AND CONFIGURATION.
Case No. 04-063 filed by James & Carol Bodrie for 2011 West Lake Drive Mr. & Mrs. Bodrie are requesting four variances – three (3) side yard setback variances and one (1) lot coverage variance - for the construction of a new home at 2011 West Lake Drive. Applicant is requesting a six (6) foot side yard variance on the north side, an eleven (11) foot side yard setback variance on the south side and a seventeen (17) foot total side yard variance of both sides. Applicant is also requesting a ten (10%) percent lot coverage variance. Property is zoned R-4 and is located east of West Park Drive and south of Pontiac Trail. Note: Proposed plan is to demolish the current home and garage on the property. 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 both sides of twenty-five (25) feet and a maximum lot coverage of twenty-five (25) percent. Side yard setback required (north side) 10 feet Side yard setback proposed (north side) 4 feet Variance requested: 6 feet Side yard setback required (south side) 15 feet Side yard setback proposed (south side) 4 feet Variance requested: 11 feet Lot coverage proposed 35 percent Lot coverage allowable 25 percent Variance requested: 10 percent Required aggregate side yard setback (both sides) 25 feet Proposed aggregate side yard setback (both sides) 8 feet Variance requested: 17 feet MOTION: IN CASE NO. 04-063 THAT THE VARIANCE BE GRANTED AS REQUESTED DUE TO THE COMMENTS FROM THE BOARD.
Case No. 04-065 filed by Douglas R. Necci of JCK & Associates, Inc. for 2117 West Lake Drive Mr. Necci is requesting three (3) variances for the construction of a new home with an attached garage located at 2117 West Lake Drive. The applicant is requesting a twenty (20) foot front yard setback variance (South Lake Court frontage), a lot coverage variance of 9.8% and a six hundred fifty (650) square foot variance for the construction of an attached garage. Property is zoned R-4 and is located east of West Park Drive and south of Pontiac Trail. CITY OF NOVI, CODE OF ORDINANCES: Article 24; Section 2400, "Schedule of Regulations" requires a minimum front yard setback of thirty (30) feet with a maximum lot coverage of twenty-five (25) percent. Required front yard setback 30 feet Proposed front yard setback 10 feet Variance requested: 20 feet Lot coverage (proposed) 34.8% Lot coverage (maximum) 25% Variance requested: 9.8% CITY OF NOVI, CODE OF ORDINANCES: Section 2503, Paragraph 1.G. states that no detached or attached accessory building intended for the parking or storage of private motor vehicles shall exceed a total aggregate floor area of eight hundred fifty (850) square feet of area in an R-4 zoning district. Proposed attached garage square feet 1,500 square feet Maximum attached garage square feet 850 square feet Variance requested: 650 square feet MOTION: IN THE MATTER OF CASE 04-065 MOVE TO APPROVE THE VARIANCES REQUESTED DUE TO LOT SIZE AND CONFIGURATION.
Case No. 04-066 filed by Dianne Hersey, Chief Litigation Attorney for Road Commission of Oakland County and Nancy McClain, City Engineer for City of Novi Ms. Hersey and Ms. McClain are requesting a five (5) foot parking lot setback variance along the east property line (Novi Road) for the property located at 43420 Grand River Avenue. Property is zoned TC-1 and is located at the northwest corner of Novi Road and Grand River Avenue. CITY OF NOVI, CODE OF ORDINANCES, Section 2400, "Schedule of Regulations" and Section 1602, Paragraph 5, "Parking Setbacks" requires a minimum of twenty (20) feet from the right-of-way line of any street or roadway, presently existing or as planned by the Oakland County Road Commission or the City of Novi Master Plan. Required parking lot setback (east side) 20 feet Proposed parking lot setback (east side) 15 feet Variance requested: 5 feet MOTION: THAT IN CASE NO. 04-066 THE VARIANCE BE GRANTED AS REQUESTED DUE TO THE HARDSHIP IMPOSED BY PREVIOUS ORDINANCES.
Case No. 04-060 filed by Mike Baker of Schonsheck, Inc. for Millennium Technology Center development located in section 12 between Haggerty Road and Cabot Drive south of Thirteen Mile Road and north of Lewis Drive. Please note: Case No 04-060 was heard at the June 1, 2004 ZBA meeting. A rehearing is scheduled for the July 6, 2004 ZBA meeting due to property owner notification. 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 REAFFIRM OUR POSITIVE MOTION TO THE PETITIONER. [THIS MOTION REFERENCES THE DISCUSSION THAT THE ZONING BOARD HAD AT THE PREVIOUS MEETING AS THE REASONS FOR THE ZONING BOARDS ACTION. AS SO STATED BY MR. GILLIAM IN THE JUNE 1, 2004 MINUTES.]
OTHER MATTERS Sarah Gray’s resignation as Vice Chairperson. Chairperson Gronachan expressed the Board’s regret at accepting Ms. Gray’s resignation. The Board extended their appreciation for Ms. Gray’s dedication and commitment. The Board’s extended their best wishes for Ms. Gray. 2. Election of Officer – Vacated position of Vice Chairperson. Member Canup was nominated and approved as the Vice Chairperson of the Board effective August 1, 2004. Sarah Gray thanked everybody who she has worked with over the many years as a petitioner and as an audience participation member.
The meeting adjourned at 9:54 pm
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