| 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 Bauer, Brennan, Canup, Fischer, Gronachan, and Sanghvi Rules of Conduct:
Approval of Agenda – approved as amended Approval of Minutes – September 7, 2004 and October 5, 2004 - approved Public Remarks – none Donald Saven, Building Official, introduced John Hines as the new Deputy Building Official for the City of Novi. The Board welcomed Mr. Hines to the City of Novi. Mr. Saven informed the Board that the resignation was received for David Ruyle (alternate on the Board) and that the City is currently reviewing applications from interested residents. 1. Case No. ZBA 04-086 filed by Cheryl Murphy, Homeowner, 22798 Shadow Pine Way in the Village Oaks Subdivision This is the second hearing on the case - the ZBA Board tabled the case at the September 7th meeting. Mrs. Murphy is requesting a six (6) foot exterior side yard variance for the construction of a two story addition to the home located at 22798 Shadow Pine Way. Property is a corner lot zoned R-4 and located north of Nine Mile Road and east of Meadowbrook Road in the Village Oaks Subdivision.
NOVI CODE OF ORDINANCES: Article 24; Section 2400, "Schedule of Regulations" require a minimum of thirty (30) feet for an exterior side yard in an R-4 zoning district. REQUIRED EXTERIOR SIDE YARD 30 FEET PROPOSED EXTERIOR SIDE YARD 24 FEET VARIANCE REQUESTED 6 FEET MOTION: IN CASE NO. 04-086 THE PETITIONER’S REQUEST BE GRANTED BECAUSE IT IS VERY REASONABLE AND DOESN’T APPEAR TO OBSTRUCT ANYBODY’S VIEW. THIS IS A CORNER LOT AND THE EXTENSION INTO THE SETBACK IS LIMITED.
2. Case No. ZBA 04-073 filed by John and Linda Anderson, for residence at 1361 East Lake Road Mr. & Mrs. Anderson are requesting three (3) variances for the renovation of an existing home and placement of a storage shed on both the principle lot and vacant lot having water frontage under the same ownership. Applicant is requesting a five (5) percent total lot coverage variance for an accessory and principle building on the same lot, reconstruction of a non conforming structure in excess of sixty (60) percent of its replacement cost and the placement of two (2) additional storage sheds on the vacant lakefront property. Property is located east of East Lake Drive between Thirteen and Fourteen Mile Road and Zoned R-4. 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. LOT COVERAGE PROPOSED (HOME + ACC. STRUCTURE) 30 % MAXIMUM LOT COVERAGE 25 % VARIANCE REQUESTED 5 % NOVI CODE OF ORDINANCES: Section 2910, Paragraph 1B allows placement of a single storage shed on a vacant lot having water frontage. TOTAL ACCESSORY STRUCTURES ON THE PROPERTY 3 TOTAL ACCESSORY STRUCTURES ALLOWABLE 1 VARIANCE REQUESTED 2 NOVI CODE OF ORDINANCES: Section 2502, Paragraph 4B states that should any structure be destroyed by any means to an extent of more than sixty (60) percent of its replacement costs, exclusive of foundation, it shall be reconstructed only in conformity with the provisions of this Ordinance, except that reconstruction on the existing foundation or footings shall be permitted, provided reconstruction is commenced within six (6) months from the date of such damage. Applicant has performed work in excess of normal repairs and such work has been determined to exceed the sixty (60) percent replacement costs exclusive of foundations. MOTION: IN CASE NUMBER 04-073 MOVE TO DENY THE CASE DUE TO LACK OF REPRESENTATION.
3. Case No. ZBA 04-092 filed by Harry Chawney for Villagewood Properties, LLC at Villagewood Place located on Kartar Lane west of Haggerty Road between Nine and Ten Mile Road Mr. Chawney is requesting two (2) sign variances to erect a larger replacement real estate sign for Villagewood Place which is located on Kartar Lane which is west of Haggerty Road between Nine and Ten Mile Roads. Property is zoned RM-1. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: Real estate lease/sale signs not to exceed six (6) square feet in area nor more than five (5) feet in height. Requesting Area 15 square feet Permitted Area 6 square feet Variance needed 9 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: Real estate lease/sale signs not to exceed six (6) square feet in area nor more than five (5) feet in height. Requesting Height 9 feet Permitted Height 5 feet Variance needed 4 feet MOTION: WITH RESPECT TO CASE NO. 04-092 THAT THE PETITIONER’S REQUEST FOR A SIGN 15 SQUARE FEET AND SIX FEET IN HEIGHT BE APPROVED FOR THE PURPOSE OF MARKETING. THIS APPROVAL IS BASED ON THAT THIS SIGN WILL BE THE ONLY SIGN PERMITTED FOR MARKETING THE VILLAGEWOOD PLACE TOWNHOMES. THE SIGN IS PERMITTED FOR ONE YEAR.
4. Case No. ZBA 04-103 filed my Sharon Hughes of Assemany Pools for residence at 47510 Capri Court Ms. Hughes is requesting one (1) variance for the installation of a pool at the residence located at 47510 Capri Court, Lot 48, in the Bellagio Subdivision. Applicant is requesting a one (1) foot variance from the requirement that the inground pool (accessory structure) be ten (10) feet from the residence. Property is zoned R-A and is located west of Beck Road between Eight and Nine Mile Road in the Bellagio Subdivision. CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 2A states, Accessory Structures; "Accessory structures, except where otherwise permitted and regulated in this Ordinance, shall be located in the rear yard and shall meet the setback requirements of an accessory building." Paragraph 1D states, Accessory Buildings; "No detached accessory building shall be located closer than ten (10) feet to any main building…" Property is zoned R-A. Required minimum separation distance 10 feet Proposed minimum separation distance 9 feet Variance requested: 1 foot MOTION: IN CASE NO. 04-103 THE PETITIONER’S REQUEST BE GRANTED FOR A MINIMAL VARIANCE OF ONE FOOT.
5. Case No. ZBA 04-104 filed by Mark R. Johnson of Cornell Sign Co. Inc for Better Health Market at 42875 Grand River Avenue Mr. Johnson of Cornell Sign Co. Inc. representing Better Health Market is requesting one (1) sign variance to erect an illuminated wall sign at the 42875 Grand River Avenue (formerly Vic’s Market). The request is for a sign that is 210 square feet. Property is zoned TC-1. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2) b.1.(b)i states "A business having a first floor pedestrian entrance shall be allowed one and one-fourth (1 ¼) square feet of signage per linear foot of contiguous public or private street frontage up to a maximum of sixty-five (65) square feet." Requested 210 square feet Permitted 65 square feet Variance requested 145 square feet MOTION: WITH RESPECT TO CASE NO. 04-104 THE PETITIONER’S VARIANCE REQUEST BE GRANTED FOR A SIGN FOR BETTER HEALTH MARKET FOR THE REASON OF BUSINESS IDENTIFICATION WITH THE FOLLOWING CONDITION: THE HEIGHT OF THE SIGN IS TO BE REDUCED TO SIX (6) FEET AND THE ENTIRE SIGN BE SHRUNK TO A PROPORTIONATE SIZE IN RELATIONSHIP TO THE SIX (6) FEET.
6. Case No. ZBA 04-105 filed by Richard Smith of Sky Development for CVS Drug Store at 31120 Beck Road, Shoppes at the Trail Mr. Smith is requesting a variance to eliminate the four (4) foot minimum landscape requirement adjacent to the drive up transaction area for the CVS Building at 31120 Beck Road, "Shoppes at the Trail" site, located on the southeast corner of Pontiac Trail and Beck Road in the B-3 General Business District. NOVI CODE OF ORDINANCE: Section 2509.3d(2)(a) "Building Foundation Landscape Requirements" states that landscape planting beds shall be placed immediately adjacent to the building on all four sides and have a minimum width dimension of four (4) feet. Applicant is requesting a variance to the minimum foundation landscape requirement adjacent to the drive up transaction area. MOTION: WITH RESPECT TO CASE NO. 04-105 THE PETITIONER’S VARIANCE REQUEST BE GRANTED. THE REQUEST TO WAIVE THE FIVE-DAY WAITING PERIOD WAS APPROVED.
7. Case No. ZBA 04-106 filed by Jason Sestak of Planet Neon Signs representing O’Brien-Sullivan Funeral Home at 41555 Grand River Avenue Mr. Sestak of Planet Neon Signs representing O’Brien Sullivan Funeral Home is requesting two (2) sign variances to erect an illuminated ground sign at 41555 Grand River Avenue located west of Meadowbrook Road and east of Novi Road. The request is for a sign that is 30 square feet. Property is zoned NCC. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2ii states: "All other ground signs shall not exceed a height of five (5) feet." Requested height 6 feet Permitted height 5 feet Variance height 1 foot CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2) a.3 states, "Ground signs shall not be placed less than sixty-three (63) feet from the centerline of a thoroughfare or collector street…" Required setback 63 feet Requested setback 55 feet Variance needed: 8 feet MOTION: WITH RESPECT TO CASE NO. 04-106 THE PETITIONER’S VARIANCE REQUEST BE GRANTED DUE TO BUSINESS IDENTIFICATION.
8. Case No. ZBA 04-107 filed by Robert E. Moorhouse of R.E. Moorhouse & Associates representing Carcosutics at 29770 Hudson Drive Mr. Moorhouse of R.E. Moorhouse & Associates representing Carcoustics is requesting two (2) drive identification sign variances to erect two (2) signs at 29770 Hudson Drive. Property is zoned I-1 and is located east of Beck and west of West Park Drive and north of West Road. Sign one – Drive Identification Sign located on the entrance drive off of Peary Court – to read "Employee Entrance" CITY OF NOVI, CODE OF ORDINANCES, Section 28-8(12) states: "Private parking lot and drive identification signs based upon the following standards: One (1) ground pole sign per entrance not to exceed three (3) square feet in area and six (6) feet in height may be located within the minimum setback area." Requested 9.3 - square feet in area Permitted 3 - square feet in area Variance needed 6.3 - square feet in area Sign two – Drive Identification Sign located on the entrance drive off of Hudson Drive – to read "Enter" CITY OF NOVI, CODE OF ORDINANCES, Section 28-8(12) states: "Private parking lot and drive identification signs based upon the following standards: One (1) ground pole sign per entrance not to exceed three (3) square feet in area and six (6) feet in height may be located within the minimum setback area." Requested 9.3 - square feet in area Permitted 3 - square feet in area Variance needed 6.3 - square feet in area CASE NO. 04-107 WAS TABLED TO THE DECEMBER 7, 2004.
9. Case No. ZBA 04-108 filed by Steven Tallman for his residence at 156 Penhill Street Mr. Tallman is requesting two (2) variances for the construction of a second story addition on a non conforming structure located at 156 Penhill Street in the Blomfield Subdivision. The addition will increase the structure’s non conformity although it does not increase the footprint. An 11.4 foot rear yard setback variance is required on the property for the construction. The property is zoned R-4 and is located west of West Lake Drive, east of West Park Drive and north of South Lake Drive. Variance One NOVI CODE OF ORDINANCES: Section 2502, Paragraph 4A states that no structure may be enlarged or altered in a way which increases its nonconformity. Such structures may be enlarged or altered in a way which does not increase its nonconformity. Applicant is requesting to alter the existing structure in a way which increases its nonconformity on its existing foundation. Variance Two NOVI CODE OF ORDINANCES: Article 24; Section 2400, "Schedule of Regulations" requires a minimum rear yard setback variance of thirty-five (35) feet in an R-4 zoning district. REQUIRED REAR YARD SETBACK 35 FEET PROPOSED REAR YARD SETBACK 23.6 FEET VARIANCE REQUIRED 11.4 FEET MOTION: IN CASE NUMBER 04-108 THE PETITIONER’S REQUEST BE GRANTED BECAUSE OF THE PECULIAR SHAPE OF THE LOT AND ALSO THE AREA OF THE TOWN.
10. Case No. ZBA 04-109 filed by Fue Vue of Taste of Bangkok Cuisine, Inc. for 43317 Grand River Avenue Mr. Vue of Taste of Bangkok Cuisine, Inc. is requesting a sign variance for an additional sign (he requests to make a copy change to the existing ground sign) at 43317 Grand River Avenue east of Novi Road on the south side of Grand River Avenue. This variance is required as the restaurant recently erected a wall sign which they decided would be their one permitted sign. Property is zoned TC-1. 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 for an additional sign for the restaurant, Taste of Bangkok Cuisine, Inc. He requests to make a copy change to the existing ground sign. MOTION: MOVE THAT IN CASE NUMBER 04-109 FILED BY TASTE OF BANGKOK CUISINE THAT THE PETITIONER’S REQUEST BE GRANTED DUE TO THE BUILDING LOCATION, THE LOT LOCATION AND TO ASSIST IN THE SAFETY OF FINDING THE RESTAURANT.
11. Case No. ZBA 04-110 filed by William R. Lutz, III of Signgraphix representing Haggerty Corporate Office Centres IV & V at 28125-28175 Cabot Drive Mr. Lutz of Signgraphix representing Haggerty Corporate Office Centres IV & V, a Northern Equities Group Development, is requesting one (1) sign setback variance at 28125-28175 Cabot Drive. Property is zoned OST and is located west of Haggerty Road, east of M-5 and north of Twelve Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2) a.3. states: "Placement: Ground signs shall not be placed less than sixty-three (63) feet from the centerline of a thoroughfare or collector street…" Required setback 63 feet Requested setback 37 feet Variance needed 26 feet MOTION: WITH RESPECT TO CASE NUMBER 04-110 THE SIGN BE APPROVED AT ITS PROPOSED LOCATION FOR THE PURPOSE OF SIGN IDENTIFICATION.
12. Case No. ZBA 04-111 filed by William R. Lutz, III of Signgraphix representing Cabot South at 28550 Cabot Drive Case No. 04-111 was tabled to the December 7, 2004 ZBA meeting by applicant on November 2, 2004. Mr. Lutz of Signgraphix representing Cabot South, a Northern Equities Group Development, is requesting one (1) sign setback variance at 28550 Cabot Drive. Property is zoned OST and is located west of Haggerty Road, east of M-5 and north of Twelve Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2) a.3. states: "Placement: Ground signs shall not be placed less than sixty-three (63) feet from the centerline of a thoroughfare or collector street…" Required setback 63 feet Requested setback 37 feet Variance needed 26 feet-
13. Case No. ZBA 04-112 filed by Ron Nuechterlein of Superior Diversified Services Corp. Mr. Nuechterlein is requesting four (4) variances for the renovation and addition to an existing 3,600 square foot building with a proposed 2,496 square foot addition at 43443 Grand River Avenue, formerly known as Antiques and Pines Design. Applicant is requesting a five (5) foot front yard parking setback variance, a ten (10) foot side yard parking setback variance along the east side, a two and one half (2.5) feet driveway setback variance and a four (4) foot landscape variance around the perimeter of the building. Property is zoned TC-1 and is adjacent to City Center Plaza (west of the intersection of Grand River Avenue and Novi Road). NOVI CODE OF ORDINANCES: ARTICLE 24, Section 2400; "Schedule of Regulations" requires a minimum front yard parking setback of twenty (20) feet and a minimum side yard parking setback of ten (10) feet. REQUIRED FRONT YARD PARKING SETBACK 20 FEET PROPOSED FRONT YARD PARKING SETBACK 15 FEET VARIANCE REQUESTED 5 FEET
REQUIRED SIDE YARD PARKING SETBACK 10 FEET PROPOSED SIDE YARD PARKING SETBACK 0 FEET VARIANCE REQUESTED 10 FEET NOVI CODE OF ORDINANCES: Section 2506, "Off Street Stacking Space, Layout Standards, Construction and Maintenance" requires a minimum of twenty-four (24) feet for the access drive (maneuvering lane) REQUIRED ACCESS DRIVE-MANEUVERING LANE LAYOUT 24 FEET PROPOSED ACCESS DRIVE–MANEUVERING LANE LAYOUT 21.5 FEET VARIANCE REQUESTED 2.5 FEET NOVI CODE OF ORDINANCE: Section 2509.3d(2)(a) "Building Foundation Landscape Requirements" states that landscape planting beds shall be placed immediately adjacent to the building on all four sides and have a minimum width dimension of four (4) feet. Applicant is requesting a variance to the minimum foundation landscape requirement. MOTION: IN CASE NUMBER 04-112 TO GRANT THE VARIANCES AS REQUESTED DUE TO REASONS PREVIOUSLY STATED. THE BOARD APPROVED THE PETITIONER’S REQUEST FOR A SIX-MONTH EXTENSION TO THE 90-DAY PERMIT APPROVAL.
14. Case No. ZBA 04-113 filed by J. Bennett Donaldson, J.B. Donaldson Company, Inc. for Infinity Medical Building located at 28455 Haggerty Road Mr. Donaldson is requesting a 34.8 foot south side yard setback variance for the construction of the Infinity Medical Building located at 28455 Haggerty Road. Property is Zoned OST, Planned Office Service District and is located in Section 12 on the west side of Haggerty Road, north of 12 Mile Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a minimum side yard setback of fifty (50) feet in an OST Planned Office Service Technology District. REQUIRED SIDE YARD SETBACK 50 FEET PROPOSED SIDE YARD SETBACK 15.2 FEET VARIANCE REQUESTED 34.8 FEET MOTION: IN CASE NUMBER 04-113TO GRANT THE REQUEST OF THE APPLICANT BECAUSE OF THE LOT CONFIGURATION. THE BOARD APPROVED THE PETITIONER’S REQUEST FOR A SIX-MONTH EXTENSION TO THE 90-DAY PERMIT APPROVAL.
15. Case No. ZBA 04-114 filed by Ronald A Mehler for Novi Veterinary Clinic at 43377 Grand River Avenue Mr. Mehler is requesting to expand a nonconforming use located at 43377 Grand River Avenue known as the Novi Veterinary Clinic. Applicant is requesting an expansion of approximately 890 square feet in a TC-1 District. Property is located south of Grand River and east of Novi Road. NOVI CODE OF ORDINANCES: Section 2502, paragraph 5A " Nonconforming Uses of Structure and Land" states that no existing structure devoted to a use not permitted in this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. Applicant is requesting the expansion of a nonconforming use in a TC-1 Zoning District otherwise allowed in a B-3 General Business District subject to Special Conditions. MOTION: IN CASE NUMBER 04-114 MOVE TO GRANT THE VARIANCE AS REQUESTED BY THE PETITIONER DUE TO THE CHANGES IN THE REQUIREMENTS TO MAINTAIN MEMBERSHIP IN THE AMERICAN ANIMAL HOSPITAL ASSOCIATION. IT WAS THE DETERMINATION OF THE BOARD THAT THE VARIANCE REQUEST DOES NOT REPRESENT AN EXPANSION OF A NON-CONFORMING USE BASED ON DOCUMENTS SUBMITTED FOR THE CASE.
16. Case No. ZBA 04-115 filed by David Gayner for residence located at 45657 Galway Mr. Gayner is requesting a nine (9) foot side yard setback variance for the construction of an attached garage to the existing residence located at 45657 Galway. Property is zoned R-1 and located south of Nine Mile and west of Taft Road. NOTE: Applicant plans to convert the existing attached garage to additional living space. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum side yard setback of fifteen (15) feet in an R-1 Zoning District. REQUIRED MINIMUM SIDE YARD SETBACK 15 FEET PROPOSED MINIMUM SIDE YARD SETBACK 6 FEET VARIANCE REQUESTED 9 FEET MOTION: IN CASE NUMBER 04-115 MOVE TO GRANT THE PETITIONER’S VARIANCE REQUEST. THE ARCHITECTURE AND THE FACADE OF THE NEW ADDITION IS TO MATCH THAT OF THE EXISTING RESIDENCE. THE ACCESSORY STRUCTURE (SHED) IS TO BE RELOCATED TO TEN (10) FEET FROM THE RESIDENCE AND SIX (6) FEET FROM THE SIDE PROPERTY LINE.
OTHER MATTERS: 1. ZBA 04-099 for BP Gas Station located at 39471 Twelve Mile Road. The Board decided that the petitioner be allowed to relocate the approved sign from the west entrance on Twelve Mile Road to the corner of his property at the Twelve Mile and Haggerty Road intersection. The petitioner is allowed the one sign. 2. ZBA 04-001 for Harold’s Frame Shop located at 44170 Grand River Avenue. The Board instructed Alan Amolsch to notify Planet Neon Signs that the sign has been illuminated after the stated hours of 7:00 am to 7:00 pm.
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