| 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, Gronachan and SanghviRules of Conduct:
Approval of Agenda - approved Public Remarks – none Approval of Minutes – March 1, 2005 and April 5, 2005 1. Case No. 05-011 filed by Paul Knuth of Ivanhoe Huntley Companies for Wellington Ridge Condominiums located on Twelve Mile Road between Meadowbrook and Novi Road. This case was tabled by the board to the May 3, 2005 ZBA meeting. Petitioner is requesting a use variance to construct a Multiple Family use known as Wellington Ridge Condominiums of Novi, in an OS1 and RA Zoning District. Proposed project is a sixty-four (64) unit multiple development located north of Twelve Mile Road and east of Novi Road. Applicant is seeking a use variance pursuant to Section 3104.1 and Section 3104.1b of the Novi Code of Ordinances. NOVI CODE OF ORDINANCES: Section 3104.1 states that the Zoning Board of Appeals shall have the power to authorize a use in a zoning district in which it is not otherwise permitted, provided it is clearly shown that the land cannot be used for a zoned use. Applicant is requesting Multiple Family use in an OS1 and RA Zoning District NOVI CODE OF ORDINANCES: Section 3104.1b states that the Zoning Board of Appeals shall have the power to authorize, upon an appeal, a variance from the strict application of the provisions of this Ordinance where by reason of exceptional narrowness, shallowness, shape or area of specific piece of property at the time of enactment of this Ordinance or by reason of exceptional topographical conditions or other extraordinary conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to or 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. Applicant has submitted a Conceptual Plan dated 02-22-03 and a Wellington Ridge PRO application packet. MOTION: IN CASE NO. 05-011 THAT IVANHOE HUNTLEY COMPANIES FOR WELLINGTON RIDGE CONDOMINIUMS DENY THE APPLICANT FOR THE USE VARIANCE AS THE APPLICANT HAS FAILED TO ESTABLISH AN UNNECESSARY HARDSHIP. IN ORDER TO ESTABLISH AN "UNNECESSARY HARDSHIP, THE APPLICANT MUST ESTABLISH EACH OF THE FOLLOWING: THE PROPERTY CANNOT REASONABLY BE USED FOR A PERMITTED PURPOSE; THE REQUESTED VARIANCE IS BASED ON UNIQUE CIRCUMSTANCES RELATED TO THE SUBJECT PROPERTY; THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE AREA; THE VARIANCE IS NOT BASED ON SELF-CREATED HARDSHIP; AND THE VARIANCE WILL ENSURE THAT THE SPIRIT OF THE ZONING ORDINANCE IS OBSERVED, PUBLIC SAFETY SECURED, AND SUBSTANTIAL JUSTICE DONE. THE BOARD HAS FOUND THAT THE APPLICANT HAS NOT ESTABLISHED ANY OF THESE FIVE ELEMENTS. THESE FINDINGS ARE BASED ON THE ENTIRE RECORD, INCLUDING MATERIALS SUBMITTED BY THE PETITIONER, THE CITY’S PLANNING DEPARTMENT, AND THE CITY’S CONSULTANTS, AS WELL AS THE COMMENTS OF THE CITY’S PLANNING DEPARTMENT STAFF.
WITH RESPECT TO EACH ITEM OF THE FIVE NOTED I WILL BEGIN WITH: THE APPLICANT HAS FAILED TO ESTABLISH THAT THE PROPERTY CANNOT BE USED FOR ANY OF THE PURPOSES LISTED IN THE OS-1 AND RA ZONING DISTRICTS. GENERALLY, THE APPLICANT HAS STATED THAT THE PROPERTY HAS BEEN LISTED WITH A REAL ESTATE BROKER SINCE 1999 AND THERE HAS BEEN NO OTHER INTEREST IN THE PROPERTY. HOWEVER, THE APPLICANT HAS NOT PRESENTED ANY EVIDENCE AS TO THE LISTING PRICE OF THE PROPERTY, AND AS TO WHETHER OR NOT THAT LISTING PRICE IS REASONABLE. AS TO THE OS-1 PORTION OF THE PROPERTY, THE PROPERTY COULD BE DEVELOPED WITH APPROXIMATELY 18,000 SQUARE FEET OF OFFICE UNDER THE EXISTING ZONING. THE OFFICE MARKET IN NOVI IS STRONG, AS EVIDENCED BY AN ADDITIONAL 200,000 SQUARE OF OFFICE THAT HAS BEEN APPROVED FOR DEVELOPMENT IN THE CITY. VACANCY RATES IN NOVI ARE REPORTED AT APPROXIMATELY 10%, WHICH IS SIGNIFICANTLY LESS THAN IN SURROUNDING AREAS. THE APPLICANT DID NOT PRESENT ANY EVIDENCE THAT OFFICE DEVELOPMENT IS NOT ECONOMICALLY FEASIBLE AND DOES NOT CONSTITUTE A REASONABLE USE OF THE PROPERTY. THE APPLICANT ALSO FAILED TO ADDRESS THE REASONABLENESS OF OTHER PERMITTED USES WITHIN THE DISTRICT, INCLUDING BANKS AND CHURCHES, AND SPECIAL LAND USES PERMITTED WITHIN THE DISTRICT, INCLUDING NURSERY SCHOOLS AND CHILD CARE CENTERS. AS TO THE RA PORTION OF THE PROPERTY, THE PLANNING DEPARTMENT HAS STATED THAT THE PROPERTY COULD BE DEVELOPED WITH FIVE SINGLE FAMILY LOTS OF APPROXIMATELY ONE ACRE EACH UNDER THE EXISTING ZONING. THAT PORTION OF THE PROPERTY COULD ALSO BE USED FOR AN EXPANSION OF THE EXISTING CEMETERY TO THE WEST UNDER THE EXISTING ZONING. THE APPLICANT DID NOT PRESENT ANY EVIDENCE THAT EITHER OF THESE USES IS NOT ECONOMICALLY FEASIBLE AND DOES NOT CONSTITUTE A REASONABLE USE OF THE PROPERTY. THE APPLICANT ALSO FAILED TO ADDRESS THE REASONABLENESS OF OTHER PERMITTED USES WITHIN THE DISTRICT, INCLUDING PRIVATE ELEMENTARY SCHOOLS, SPECIAL LAND USES PERMITTED WITHIN THE DISTRICT, INCLUDING SUCH AS NURSERY SCHOOLS AND CHILD CARE CENTERS. THE APPLICANT HAS FAILED TO ESTABLISH THAT THE REQUEST IS DUE TO UNIQUE CIRCUMSTANCES PECULIAR TO THE SUBJECT PROPERTY (AS OPPOSED TO PETITIONER ITSELF).
THE APPLICANT HAS NOT PRESENTED ANY EVIDENCE THAT THERE ARE ANY UNIQUE CIRCUMSTANCES RELATED TO THE PROPERTY. THE ONLY CHARACTERISTIC THAT MIGHT BE CONSIDERED UNIQUE IS THE SPLIT ZONING OF THE PROPERTY, WHICH IS A SELF-CREATED HARDSHIP. THE APPLICANT HAS FAILED TO ESTABLISH THAT THE PROPOSED VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE AREA. THE VARIANCE REQUESTED BY THE APPLICANT WOULD PERMIT MULTIPLE FAMILY DEVELOPMENT, WHICH IS OUT OF CHARACTER WITH EXISTING USES IN THE AREA. PETITIONER FAILED TO ESTABLISH THAT THE PROBLEM SOUGHT TO BE ADDRESSED IS NOT SELF-CREATED. THE APPLICANT HAS STATED THAT THE PROPERTY CAN NOT BE DEVELOPED AS ZONED, DUE TO ITS SPLIT ZONING. HOWEVER, THE FRONT OF THE PROPERTY WAS REZONED FROM RESIDENTIAL TO OS-1 IN APPROXIMATELY 1979 AT THE REQUEST OF THE THEN-PROPERTY OWNER. THEREFORE, IF IN FACT THE APPLICANT IS SUFFERING ANY HARDSHIP, THAT HARDSHIP IS SELF-CREATED. GRANTING THE VARIANCE WOULD NOT OBSERVE THE SPIRIT OF THE ORDINCANCE, SECURE THE PUBLIC SAFETY, OR DO SUBSTANTIAL JUSTICE TO SURROUNDING PROPERY OWNERS. GRANTING THE USE VARIANCE IS NOT NECESSARY IN ORDER TO DO SUBSTANTIAL JUSTICE FOR THE APPLICANT, SINCE THE PROPERTY CAN BE DEVELOPED WITH 18,000 SQUARE FEET OF OFFICE AND 5 SINGLE FAMILY HOMES UNDER THE EXISTING DISTRICT REGULATIONS. THE PROPERTY HAS EXISTING USES THAT ARE FEASIBLE AND REASONABLE. APPROVAL OF THE USE VARIANCE WOULD PERMIT MULTIPLE FAMILY DEVELOPMENT, WHICH IS OUT OF CHARACTER WITH THE SURROUNDING AREA AND WOULD NOT DO SUBSTANTIAL JUSTICE TO SURROUNDING PROPERTY OWNERS. THE APPLICANT IS REQUESTING THE SAME RELIEF AS WOULD BE GRANTED BY WAY OF A REZONING. THE RESIDENTIAL USE PROPOSED FOR THE FRONT OF THE PROPERTY AND THE INTENSITY OF THE RESIDENTIAL USE PROPOSED FOR THE REAR OF THE PROPERTY ARE BOTH INCONSISENT WITH THE CITY’S MASTER PLAN FOR LAND USE FOR THE PROPERTY. 2. Case No. 05-024 filed by Abdu Murray from Honigman, Miller, Schwartz and Cohn LLP for CVS Corporation at 31240 Beck Road. This property is zoned B-3 (General Business). Mr. Murray of Honigman, Miller, Schwartz and Cohn LLP for CVS Pharmacy is requesting sign variances for CVS Pharmacy at 31240 Beck Road. The property is zoned B-3 (general business). *SIGNS "A" (two CVS Pharmacy wall signs) SECTION 28-6(2)b.1.(a)i.b. NOVI CITY CODE "...area regulations – wall signs…" 74 Square Feet of sign area requested 50.5 Square Feet of sign area permitted based upon 152 feet of setback measured from center lines of Beck and Pontiac Trail 24.5 Square Foot variance needed for each sign SECTION 28-6(3) "Number of on premises and existing signs permitted - no parcel of land shall be allowed more than one (1) sign permitted…" *SIGN (B) (Monument Sign - 28 square feet in area, 5 feet in height) SECTION 28-6(3) "Number of on premises advertising signs permitted - no building of parcel of land shall be allowed more than one (1) sign permitted under this section…" *SIGNS "C" (Two "Drive Thru Pharmacy wall signs 25.25 square feet in area) SECTION 28-6(3) "Number of on premises advertising signs permitted – no building or parcel of land shall be allowed more than one (1) sign permitted under this section…" *SIGNS "C" (Two "One Hour Photo" wall signs 15.25 square feet in area) SECTION 28-6(3) "Number of on premises advertising signs – no building or parcel of land shall be allowed more than one (1) sign permitted under this section…" *SIGNS "C" (One "Food Shoppe" wall sign 15.16 square feet in area) SECTION 28-6(3) "Number of on premises advertising signs permitted – no building or parcel of land shall be allowed more than one (1) sign permitted under this section…" *SIGNS "I" (Three "Drive Thru Pharmacy – CVS Ground Pole signs 3 square feet in area) SECTION 28-8 (10) "Signs permitted in all districts – signs not exceeding two (2) square feet in area which contain only non commercial messages…" *SIGNS "J, K & I" (Four CVS enter and exit ground pole drive identification signs and one CVS Pharmacy directional sign at entrance to site on Pontiac Trail and Beck Roads.) SECTION 28-8(12) "Private parking lot and drive identification signs based upon the following standards: one (1) ground pole sign per entrance…may be located within the minimum setback area…" MOTION: IN CASE NO. 05-024 MOVE TO DENY THE REQUEST AS STATED DUE TO THE FACT OF LACK OF DISPLAY OF A SUFFICIENT HARDSHIP AND DUE TO THE FACT THAT WE DO HAVE ANOTHER FACILITY LOCATED IN A SIMILAR SITUATION ON A CORNER OF TWO BUSY INTERSECTIONS THAT MANAGE TO MAKE IT THROUGH WITH NO REQUESTS FOR VARIANCES. 3. Case No. 05-028 filed Tracey Shipley for 25890 Strath Haven located East of Beck Road and South of Eleven Mile Road. Ms. Shipley’s case was denied at the April 5, 2005 ZBA meeting. Ms. Shipley did try to make an attempt to contact the office stating she would not be present at the meeting. Therefore the case has been tabled to the May 3, 2005 ZBA meeting at which time the board will hear a motion to reconsider. Ms. Shipley is requesting four (4) variances for the construction of a new home at 25890 Strath Haven Drive. Applicant is requesting a front yard setback variance of 10 feet, a rear yard setback variance of 9 feet, a north side yard setback variance of 4 feet and an aggregate total side yard setback variance of 2 feet. Property is zoned R-A and is located east of Beck Road and South of Eleven Mile Road. NOVI CODE OF ORDINANCES: ARTICLE 24; SECTION 2400, "SCHEDULE OF REGULATIONS" requires a minimum front yard setback of 45 feet, a rear yard setback of 50 feet, a minimum side yard setback of 20 feet and an aggregate total of both side yards of 50 feet. REQUIRED FRONT YARD SETBACK 45 FEET PROPOSED FRONT YARD SETBACK 35 FEET VARIANCE REQUESTED 10 FEET REQUIRED REAR YARD SETBACK 50 FEET PROPOSED REAR YARD SETBACK 41 FEET VARIANCE REQUESTED 9 FEET REQUIRED SIDE YARD SETBACK (NORTH) 20 FEET PROPOSED SIDE YARD SETBACK (NORTH) 16 FEET VARIANCE REQUESTED 4 FEET REQUIRED AGGREGATE TOTAL OF SIDE YARDS 50 FEET PROPOSED AGGREGATE TOTAL OF SIDE YARDS 48 FEET VARIANCE REQUESTED 2 FEET CASE NO. 05-028 WAS TABLED BY THE BOARD TO THE JUNE 7, 2005 MEETING. 4. Case No. 05-029 filed by J. Bennett Donaldson of J.B. Donaldson Company for a two story office building known as Miracle Software located at Sidwell #50-22-22-16-451-066 located south of Grand River and west of Taft Road. Mr. Donaldson is requesting a seven foot four inch (7’4") height variance for the construction of a 30,000 square foot, two story office building known as Miracle Software located at Sidwell # 50-22-22-16-451-066. Property is located in Section 16, south of Grand River and west of Taft Road. Subject Property is 5.470 acres and is zoned I -1. NOVI CODE OF ORDINANCES: Section 1905.4.c, allows a maximum building height of twenty-five (25) feet for any building in the Light Industrial district which is constructed on a site adjacent to a Residential district. PROPOSED BUILDING HEIGHT 32 FEET 4 INCHES MAXIMUM BUILDING HEIGHT 25 FEET_______ VARIANCE REQUESTED 7 FEET 4 INCHES MOTION: IN CASE NO. 05-029 MOVE TO APPROVE THE PETITIONER’S REQUEST DUE TO THE UNIQUENESS AND THE WOODLANDS INVOLVED IN THE PROPERTY AND THE DIFFICULTY OF THE BUILDING ALREADY BEING SUNKEN DOWN SO IT’S NOT GOING TO BE AS HIGH AS IT WOULD NORMALLY BE IF THE GROUND WAS LEVEL.5. Case No. 05-030 filed by Gerry Gibbens of City Sign Co. for Games Workshop located at 27793 Novi Road. Mr. Gerry Gibbens of City Sign Co. is requesting one sign variance for wall size of sign for Games Workshop located at 27793 Novi Road, which is west of Novi Road and south of Twelve Mile Road. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)i.a. states: "…wall sign on building occupied by two or more businesses shall not exceed twenty-four (24) square feet…" The Applicant is requesting permission to erect one (1) wall sign. Requested: 38.74 square feet Permitted: 24.00 square feet Variance needed: 14.74 square feet MOTION: IN CASE NO. 05-030 MOVE TO DENY THE REQUEST AS STATED FOR GROUNDS OF INSUFFICIENT HARDSHIPS AND DUE TO THE FACT THAT THE SIGN WAS ERECTED ILLEGALLY WITHOUT A PERMIT OR ANY SUBMISSION TO THE CITY BUILDING DEPARTMENT.
6. Case No. 05-031 filed by Rob Boggs of Wooden Graphics LLC for Kirkway Place Subdivision located on Beck Road between Ten Mile and 11 Mile Road. Mr. Rob Boggs of Wooden Graphics LLC is requesting one (1) sign variance to erect an additional subdivision entranceway sign to be located at Beck Road and Kirkway Blvd. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3)k "Only one (1) entranceway sign is permitted to a subdivision. The applicant is requesting permission to erect an additional subdivision entranceway sign to read "Kirkway Place." MOTION: IN CASE NO. 05-031 MOVE TO DENY THE REQUEST AS STATED DUE TO LACK OF SUFFICIENT HARDSHIP .7. Case No. 05-032 filed by Robert Barnett of Library Sports Pub located at 42100 Grand River Avenue. Robert Barnett of Library Sports Pub is requesting a variance to allow for temporary outdoor seating for property located at 42100 Grand River Avenue from the date of the meeting through September 30, 2005. The applicant would like to request the variance for a length of three years. Refer to ZBA Case Numbers 96-020, 97-023, 98-022, 00-023 and 02-041. NOVI CITY CODE, SECTION 1501.2 "PRINCIPAL USES PERMITTED", states: "Any retail business or service establishment permitted in B-1 and B-2 Districts as principal Uses Permitted and Uses Permitted subject to special conditions and subject to the restriction therein." NOVI CITY CODE, SECTION 1401 "PRINCIPAL USES PERMITTED", states: "…no building or land shall be used…except for one or more of the following specified uses…2.a. Any retail business whose principal activity is the sale of merchandise in an enclosed building…" MOTION: IN CASE NO. 05-032 THAT THE PETITIONER’S REQUEST BE GRANTED FOR THIS PETITIONER ONLY WITH CONTINUED JURISDICTION FOR AN ADDITIONAL THREE (3) YEARS. 8. Case No. 05-033 filed by Edmund and Christine Szelap for residence at 23468 Duchess Ct. located south of Ten Mile Road between Novi and Taft Roads. Edmund and Christine Szelap are requesting five (5) variances for the construction of an addition and attached garage at 23468 Duchess Court. Applicant is requesting a 126 square foot total variance for all accessory structures on the lot, a one (1) foot side yard variance NE side, a two (2) foot side yard variance SW side, a three (3) foot aggregate side yard setback for both sides and a five (5) front yard setback variance. Property is zoned R-4 and located south of Ten Mile Road between Novi and Taft Roads. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a front yard setback of thirty (30) feet, a minimum side yard setback of ten (10) feet with an aggregate total of both side yards of twenty-five (25) feet. REQUIRED FRONT YARD SETBACK 30 FEET PROPOSED FRONT YARD SETBACK 25 FEET VARIANCE REQUESTED 5 FEET MINIMUM REQUIRED SIDE YARD SETBACK (NE) 10 FEET PROPOSED SIDE YARD SETBACK (NE) 9 FEET VARIANCE REQUESTED 1 FOOT REQUIRED SIDE YARD SETBACK (SW) 15 FEET PROPOSED SIDE YARD SETBACK (SW) 13 FEET VARIANCE REQUESTED 2 FEET REQUIRED AGGREGATE TOTAL BOTH SIDE YARDS 25 FEET PROPOSED AGGREGATE TOTAL BOTH SIDE YARDS 22 FEET VARIANCE REQUESTED 3 FEET NOVI CODE OF ORDINANCES: Section 2503.1 (E) states that in a residential district, the aggregate of all accessory buildings on the property shall not exceed 850 square feet in an R-4 zoning district. PROPOSED ACCESSORY STRUCTURE SQUARE FOOT 877 SQUARE FEET MAXIMUM ALLOWABLE ACC. STRUCTURE SQ. FT. 850 SQUARE FEET VARIANCE REQUESTED 27 SQUARE FEET CASE NO. 05-033 HAS BEEN TABLED BY THE BOARD TO THE JUNE 7, 2005 MEETING. 9. Case No. 05-035 filed by Mary Kotsogiannis of Greek Isles Eatery located at 39777 Grand River Avenue. Ms. Mary Kotsogiannis from Greek Isles Eatery is requesting a variance to allow for temporary outdoor seating for property located at 39777 Grand River Avenue from the date of May 10, 2005 through October 10, 2005. The applicant would like to request the variance for a length of three years. NOVI CITY CODE, SECTION 1501.2 "PRINCIPAL USES PERMITTED", states: "Any retail business or service establishment permitted in B-1 and B-2 Districts as principal Uses Permitted and Uses Permitted subject to special conditions and subject to the restriction therein." NOVI CITY CODE, SECTION 1401 "PRINCIPAL USES PERMITTED", states: "…no building or land shall be used…except for one or more of the following specified uses…2.a. Any retail business whose principal activity is the sale of merchandise in an enclosed building…" MOTION: IN CASE NO. 05-035 APPROVE THE VARIANCE AS REQUESTED FOR THIS PETITIONER ONLY WITH CONTINUED JURISDICTION FOR THE PERIOD OF THREE (3) YEARS. 10. Case No. 05-037 filed James E. Korte for 2034 Austin Dr. located south of South Lake Drive and west of Old Novi Road. Mr. Korte is requesting two (2) side yard variances for the construction of an addition located at Lot 84, 2034 Austin Drive. Applicant is requesting a seven (7) foot side yard setback variance on the north side and an aggregate setback variance of eleven (11) feet for the total of both side yards. Property is zoned R-4 and located south of South Lake Drive and west of Old Novi Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with an aggregate side yard setback of twenty-five (25) feet for both sides.
REQUIRED SIDE YARD SETBACK (NORTH SIDE) 15 FEET PROPOSED SIDE YARD SETBACK (NORTH SIDE) 8 FEET VARIANCE REQUESTED 7 FEET REQUIRED AGGREGATE SETBACK OF BOTH SIDE YARDS 25 FEET PROPOSED AGGREGATE SETBACK OF BOTH SIDE YARDS 14 FEET VARIANCE REQUESTED 11 FEET MOTION: WITH RESPECT TO CASE NO. 05-037 DENY THE VARIANCE BASED On: (1) HEALTH, SAFETY AND WELFARE ISSUES AND (2) A BUILDING PERMIT WAS NOT PULLED, THUS NOT INDICATING THE CORRECT INFORMATION ON THE FOUNDATION THAT THIS ADDITION WAS BUILT ON. 11. Case No. 05-038 filed by J.D. Hedemark of Mozart Homes for Taft Knolls Subdivision located on Taft Road between Ten Mile Road and 11 Mile Road. Mr. J.D. Hedemark of Mozart Homes for Taft Knolls Subdivision located on Taft Road between Ten Mile Road and Eleven Mile Road is requesting one (1) sign variance to erect an additional subdivision entranceway sign to be located on the south side of Jacob Drive. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3)k "Only one (1) entranceway sign is permitted to a subdivision. The applicant is requesting permission to erect an additional subdivision entranceway sign." MOTION: WITH RESPECT TO CASE NO. 05-038 THAT THE PETITIONER’S REQUEST FOR A SECOND SIGN BE APPROVED FOR PURPOSE OF SUBDIVISION IDENTIFICATION. Meeting adjourned at 10:30 P.M.
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