REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday September 13, 2005 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call Members Present: Brennan, Fischer, Gronachan, Krieger and Sanghvi

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.

1. Case No. 05-054 filed by George Baczewski for residence at 1945 West Lake Drive which is located south of Pontiac Trail and east of West Park Drive.

Mr. Baczewski is requesting four (4) side yard variances for the construction of a new home located at 1945 West Lake Drive, Lot 18, Bentley Subdivision. Applicant is requesting a minimum side yard setback variance of five (5) feet, a remaining side yard setback of ten (10) feet with a combined total variance of both side yards at 15 feet and a projection into a side yard variance of eight (8) inches. Property is zoned R-4 and located south of Pontiac Trail and east of West Park Drive.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a minimum side yard setback of ten (10) feet with a combined total of both side yards at twenty-five (25) feet.

MINIMUM REQUIRED SIDE YARD SETBACK 10 FEET

VARIANCE REQUESTED 5 FEET

REMAINING REQUIRED SIDE YARD SETBACK 15 FEET

VARIANCE REQUESTED 10 FEET

REQUIRED TOTAL OF BOTH SIDE YARDS 25 FEET

VARIANCE REQUESTED 15 FEET

NOVI CODE OF ORDINANCES: Section 2908, "Projections into Yards" states that chimneys may project into required side yards not more than two (2) inches for each one (1) foot of width of such side yard.

REQUESTED PROJECTION INTO SIDE YARD 18 INCHES

VARIANCE REQUESTED 8 INCHES

MOTION: IN CASE NO. 05-054 THAT THE PETITIONER’S PLANS BE APPROVED DUE TO LOT CONFIGURATION AND SUBJECTED TO THE LAYOUT AS SUBMITTED, WHICH IS A HOUSE THAT IS FACING THE LAKE NINETY-SIX (96) FEET OFF THE ROADWAY WITH THE SETBACKS AS REQUESTED AND THE PRESERVATION OF THE SIGHT LINES ON THE WATER.

Mr. Wingblad is requesting permission to install a sign at the northeast corner of Grand River Avenue and Beck Road from September 19, 2005 through October 11, 2005.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-11 (a) states: "A sign not expressly permitted is prohibited."

MOTION: IN CASE NO. 05-071APPROVE THE STATED SIGN AS PRESENTED TO THE BOARD THIS EVENING BEGINNING WITH THE INSTALLATION DATE OF SEPTEMBER 19, 2005 AND REMOVED NO LATER THAN OCTOBER 11, 2005. THE HEIGHTS AND SIZE BE HELD TO WHAT WAS INDICATED THIS EVENING TO THIS BOARD AND THAT THE TIMING OF THE LIGHTS WOULD BE FROM DUSK TO MIDNIGHT AND THAT THE JURISDICTION OF THE SAFETY CONCERNS SUCH AS THE INTERSECTION AND THE LIGHTING BE REFERRED BACK TO THE BULDING DEPARTMENT. THE APPROVAL IS FOR THIS APPLICANT ONLY.

Pace Nielson with The Home Depot is requesting a Temporary Use Permit to allow a Tent Sale in the parking lot of The Home Depot Store located at 47950 Grand River. Applicant requests to have an outdoor tent carpet event sale from September 23, 2005 to October 16, 2005. Property is zoned B-2 and located west of Beck Road and north of Grand River.

NOVI CODE OF ORDINANCES: Section 3004. "Temporary Use Permits" state: The Building Official or his designee, shall have the power to grant permits authorizing temporary special land uses for tent sales where permitted.

Applicant is requesting a tent sale in the parking lot in the front of the building.

MOTION: IN CASE NO. 05-072 TO APPROVE THE TEMPORARY USE REQUESTED WITH THE UNDERSTANDING THAT THE LOCATION IS GOING TO BE SOMETHING WORKED OUT WITH MR. NIELSON AND THE BUILDING DEPARTMENT TO WORK OUT SAFETY ISSUES. THE TEMPORARY USE PERMIT IS LIMITED TO THE 40x80 TENT.

Mr. Tomey is requesting a temporary use permit to allow outdoor seating for four (4) tables for the business known as Jimmy John’s located at 39765 Grand River Avenue, Pheasant Run Plaza. The business is located west of Haggerty Road and south of Grand River Avenue.

NOVI CODE OF ORDINANCES: Section 3004, Paragraph (4) allows for a temporary use not otherwise permitted in any district not to exceed twelve (12) months…

MOTION: IN CASE NO. 05-073 GRANT THE VARIANCE AS REQUESTED FOR A PERIOD OF TWO YEARS. THE APPROVAL IS FOR FOUR TABLES.

5. Case No. 05-074 filed by Charles K. Alawan for Smoker’s Merchant in Pheasant Run Plaza at 39877 Grand River Avenue located west of Haggerty Road and south of Grand River Avenue.

Mr. Alawan is requesting to install a rolling grill door for security purposes to be located at 39877 Grand River Ave at the Pheasant Run Plaza. Property is zoned B-3 and located west of Haggerty Road and south of Grand River Ave.

NOVI CODE OF ORDINANCES: ARTICLE 15, Section 1503, Paragraph (5) states: "No truck well, loading dock, overhead service door or other type of service bay door shall face a major thoroughfare…"

Applicant requests to install a rolling grill door for security purposes for his business.

MOTION: IN CASE NO. 05-074 GRANT THE REQUEST OF THE PETITIONER DUE TO THE HARDSHIP DEMONSTRATED, THE LOCATION OF THE BUILDING AND IN THE AREA OF TWO MAJOR THOROUGHFARES ALL CONTRIBUTE TO THE NEED. THE REQUEST IS GRANTED FOR THIS BUSINESS ONLY.

Mr. Chakravartti is requesting two (2) lot frontage variances for Lot #6 and Lot #7 for the proposed development known as Evergreen Estates, Sidwell # 50-22-30-401-022. The proposed lots are zoned R-A and located west of Garfield Road and north of Nine Mile Road.

NOVI CODE OF ORDINANCES: Section 2517, "Frontage on a Public Street" states that no lot or parcel of land shall be used for any purpose permitted by this Ordinance unless said lot or parcel shall front directly upon a public street unless otherwise provided for in the Ordinance.

Applicant is proposing to have lot #6 and lot #7 without frontage on a public street.

MOTION: IN CASE NO. 05-075 APPROVE PETITIONER’S REQUEST AS SUBMITTED DUE TO THE LOT CONFIGURATION.

Bright Star, Inc. is requesting one (1) sign variance for a wall sign to be installed for Gus O’Connor’s Irish Pub located at 42875 Grand River.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3)d states: "Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign…"

Ms. Stubbe is requesting a Temporary Use Permit approval for the continued placement of a construction trailer located at 41566 Steinbeck Glen. Applicant is requesting the continued placement of the construction trailer until the entire site is complete.

Property is zoned R-A in an on going subdivision development located west of Meadowbrook Road and south of Thirteen Mile Road.

NOVI CODE OF ORDINANCES: Section 3004, Paragraph (2) "Temporary Use Permits" permits in any residential district the temporary location of a temporary or premanufactured building in a new subdivision.

Applicant is requesting a continued use of the construction trailer until the entire site is complete.

MOTION: IN CASE NO. 05-077 GRANT THE REQUEST OF THE APPLICANT FOR THE TEMPORARY USE OF A CONSTRUCTION TRAILER FOR A PERIOD OF ONE YEAR AND WILL BE UNDER CONTINUING JURISDICTION.

Cheryl and Bob Murphy are requesting a four (4) foot front yard setback variance for the construction of a roof over an existing porch located at 22798 Shadow Pine Way, Lot 48, Heatherbrae Subdivision. Property is zoned R-4 and located north of Nine Mile Road and east of Meadowbrook Road.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum front yard setback of thirty (30) feet.

REQUIRED FRONT YARD SETBACK 30 FEET

VARIANCE REQUESTED 4 FEET

MOTION: IN CASE NO. 05-078 APPROVE PETITIONER’S REQUEST AS SUBMITTED.

Mr. Brown is requesting to construct a nine (9) foot by sixteen (16) foot deck with stairway within the side yard of the existing condominium unit located at 1661 Harbor Cove. Property is zoned R-4 and located south of Pontiac Trail and east of West Park Drive.

NOVI CODE OF ORDINANCES: Section 2907, "Porches; Decks" state that an open, unenclosed and uncovered porch or paved terrace may project into a required front yard setback for a distance not to exceed four (4) feet and an open unenclosed and uncovered wooden deck may project into a required rear yard for a distance not exceeding eighteen (18) feet.

Applicant is proposing to construct a 9’ x 16’ deck with stairway within the side yard of the condominium unit.

MOTION: IN CASE NO. 05-079 GRANT THE REQUEST OF THE PETITIONER PROVIDED THEY HAVE LEGAL AUTHORITY TO BUILD THIS DECK.

Mr. Rossi of Mirage Development is requesting one (1) sign variance to erect a ground sign to be located at 25805 Beck Road which is on the southwest corner of Beck Road and Eleven Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-9(1) states: "ground pole signs and wall signs only shall be permitted in an I-2 district only..."

12. Case No. 05-037A filed James E. Korte for 2034 Austin Dr. located south of South Lake Drive and west of Old Novi Road.

Mr. Korte is requesting to appeal the determination of the Building Official that the proposed construction located at 2034 Austin Dr. is an expansion of a nonconforming use. Property is zoned R-4 and located south of Thirteen Mile Road and west of Old Novi Road. This case was previously heard on May 3, 2005 (ZBA 05-037) for dimensional variances regarding the side yards and was denied.

NOVI CODE OF ORDINANCES: ARTICLE 3104; Paragraph 1a, states that the Zoning Board of Appeals can hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal by the Building Official in carrying out or enforcing any provisions of this ordinance.

Applicant maintains that the proposed construction is not an expansion of a nonconforming use.

MOTION: IN CASE NO. 05-037A, I MOVE TO AFFIRM THE DETERMINATION OF THE BUILDING OFFICIAL TO DENY A BUILDING PERMIT FOR THE EXISTING ADDITION TO 2034 AUSTIN ON THE GROUNDS THAT THE ADDITION CONSTITUTES AN UNLAWFUL EXPANSION OF A PREVIOUSLY EXISTING NONCONFORMING STRUCTURE. THE ADDITION WOULD EXTEND THE LIFE OF THE STRUCTURE, THEREBY INCREASING THE EXISTING NONCONFORMITY.

ZBA05-112 – 43443 Grand River Avenue – formerly Antiques and Pines Design building (building variance extension)

MOTION: IN CASE NUMBER 04-112 APPROVE A ONE YEAR EXTENSION FROM TODAY’S DATE.