| View Agenda for this meeting View Minutes for this meeting ACTION SUMMARY
Roll call Members Present: Bauer, Brennan, Canup, Fischer, Gronachan, Krieger and Sanghvi Rules of Conduct:
Approval of Agenda – approved as amended Approval of Minutes - none Public Remarks 1. Case No. 05-076 filed by Bright Star, Inc. for Gus O’Connor’s Irish Pub located at 42875 Grand River located east of Novi Road and north of Grand River. 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…" The applicant is requesting permission to erect an additional wall sign measuring 164"w x 57"h with a total of 64.92 square feet. MOTION: IN CASE NO. 05-076 DENY THE CASE BASED ON THE PREMISE THAT THE PETITIONER IS NOT HERE. 2. Case No. 05-080 filed by Claudio Rossi of Mirage Development for Parcel #5022-20-200-012 located at 25805 Beck Road which is located on the southwest corner of Beck Road and Eleven Mile Road. This case was tabled by the board from the September 13, 2005 meeting. 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..." Applicant is requesting permission to erect an off premise sign measuring 4’ x 4’, 7 feet from grade to top of sign with a total area of 16 square feet. MOTION: IN CASE NO. 05-080 DENY PETITIONER’S REQUEST AS PRESENTED. Vote tied 3-3. MOTION: IN CASE NO. 05-080 APPROVE PETITIONER’S REQUEST AS PRESENTED FOR A TIME PERIOD OF SIX (6) MONTHS. Vote tied 3-3. Because a motion to approve was not passed with four votes, the application for a variance was denied. 3. Case No. 05-081 filed by Patti Krula of Metro Detroit Signs for Huntington Bank located at 27250 Wixom Road which is located south of Grand River and north of Eleven Mile Road. Case No. 05-081 has been placed on the November 1, 2005 agenda at petitioner’s request. Ms. Patti Krula of Metro Detroit Signs is requesting four (4) sign variances to erect a monument sign in addition to a wall sign for Huntington Bank located at 27250 Wixom Road which is located south of Grand River and north of Eleven Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "No parcel of land shall be allowed more than one (1) sign permitted under this section. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2 states: "Height regulations – ground signs 7’ 4" Requested 5’ Permitted 2’ 4" Height variance needed CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (a)3 states: "Placement Regulations" 63’ Setback from center line of Wixom Road required 55’ Setback from center line of Wixom Road requested 8’ Setback variance needed CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (a)1 states: "Area Regulations" 37.75 square feet requested 27.50 square feet permitted @ 55’ setback 10.25 square feet variance needed 4. Case No. 05-082 filed by Kim Paterson with J.D. Dinan Co. for Omni Commerce Center, LLC and Classic Collision Repair Center. Property is zoned I-1 and located north of Ten Mile Road and east of Novi Road. Ms. Paterson is requesting a use variance to allow Classic Collision to take occupancy in the identical space previously occupied by Collex and Pro-Tech Collision (ZBA Case # 03-067 and ZBA Case #02-035). Previous approval granted by the Zoning Board of Appeals was limited to the applicant at that time. Property is Zoned I-1 and located north of Ten Mile Road and east of Novi Road. THE NOVI CODE OF ORDINANCES: Section 3104, Paragraph 1, states that the Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any changes in the terms of this Ordinance but 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, and shall be further empowered to act on matters where this Ordinance provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this Section and laws of the State of Michigan. Applicant is requesting to continue the previous approved use variance to allow Classic Collision to take occupancy in the identical space previously occupied by Collex and Pro-Tech Collision. MOTION: IN CASE NO. 05-082 GRANT THE VARIANCE WITH AN AUTOMATIC REVIEW IN SIX (6) MONTHS AT WHICH POINT IF THERE HAVE BEEN VIOLATIONS THE BOARD WILL REVIEW THE ENITRE MATTER AGAIN. IF THERE ARE ANY VIOLATIONS WITHIN THE NEXT SIX (6) MONTHS, PETITIONER AGREES TO VACATE THE PREMISES AND ABANDONED THE BUSINESS WITHOUT COURT ACTION. THIS VARIANCE IS ALSO GRANTED BASED UPON THE STIPULATIONS STATED IN CASE NO. 93-067. 5. Case No. 05-083 filed by John Harvey with John T. Harvey, Inc. for construction of a new home at 109 Parklow, Parcel "B". Property is zoned R-4 and is located north of Thirteen Mile Road and east of East Lake Drive. Mr. John Harvey is requesting three (3) variances for the construction of a new home to b located at 109 Parklow, Parcel "B". Applicant is requesting a 6.63 foot east side yard variance with a combined total side yard variance request of 6.63 feet and a rear yard setback variance of 6.26 feet. Property is zoned R-4 and located north of Thirteen Mile Road and east of East Lake Drive. NOVI CODE OR ORDINANCES: Article 24; Section 2900, "Schedule of Regulations" requires a combined total side yard setback of twenty-five (25) feet with a minimum side yard setback of ten (10) feet and a minimum rear yard setback of thirty-five (35) feet. REQUIRED SIDE YARD SETBACK 15 FEET PROPOSED SIDE YARD SETBACK 8.37 FEET VARIANCE REQUESTED 6.63 FEET REQUIRED TOTAL OF BOTH SIDE YARDS 25 FEET PROPOSED TOTAL OF BOTH SIDE YARDS 18.37 FEET VARIANCE REQUESTED 6.63 FEET REQUIRED REAR YARD SETBACK 35 FEET PROPOSED REAR YARD SETBACK 28.74 FEET VARIANCE REQUESTED 6.26 FEET MOTION: IN CASE NO. 05-083 GRANT THE REQUEST AS STATED DUE TO THE UNIQUE CONFIGURATION AND SIZING OF THE LOT. 6. Case No. 05-084 filed by Mar Ajluni with K&S Investment Group for K&S Plaza at 30900 Beck Road. Property is zoned B-3 and located south of Pontiac Trail and east of Beck Road. Mr. Mar Ajluni is requesting a ten (10) foot side and rear yard setback variance for the construction of a dumpster enclosure adjacent to residentially zoned property at K&S Plaza, 30900 Beck Road. Property is zoned B-3 and located south of Pontiac Trail and east of Beck Road. NOVI CODE OF ORDINANCES: Section 2503, Para 2F(4) requires refuse bin screening enclosure to be located no closer than the minimum parking lot setback as established in Section 2400 for the district in which it is located. Section 2400 "Schedule of Regulations", Foot Note (9) requires that whenever property directly abuts or is adjacent to residentially zoned property, the minimum yard setback shall be twenty (20) feet. REQUIRED SIDE YARD SETBACK 20 FEET PROPOSED SIDE YARD SETBACK 10 FEET VARIANCE REQUESTED 10 FEET REQUIRED REAR YARD SETBACK 20 FEET PROPOSED REAR YARD SETBACK 10 FEET VARIANCE REQUESTED 10 FEET MOTION: IN CASE NO. 05-084 APPROVE THE VARIANCE AS REQUESTED BY THE APPLICANT BECAUSE OF THE SPECIAL CIRCUMSTANCES OF THE EXISTING BUSINESS AND THE TURN AROUND SPACE REQUIRED FOR THE VEHICLES TO MOVE. 7. Case No. 05-085 filed by Nick and Annika Lidstrom for residence at 47725 Bellagio Drive which is located south of Nine Mile Road and west of Beck Road. Nick and Annika Lidstrom are requesting the placement of a landscape brick wall (accessory structure) to be located within a front yard at 47725 Bellagio Drive. Property is zoned R-A and located south of Nine Mile Road and west of Beck Road. NOVI CODE OR ORDINANCES: Section 2503, Paragraph 2A, states that accessory structures, except where otherwise permitted and regulated in this ordinance, shall be located in the rear yard and shall meet the requirements of an accessory building. Applicant is requesting the placement of a landscape wall within the front yard of the residence. MOTION: IN CASE NO. 05-085 APPROVE AS REQUESTED WITH THE STIPULATION THAT THE LEGAL AGREEMENT BE ENTERED INTO WITH THE CITY AS ADVISED BY OUR CITY ATTORNEY. ALSO, IF THE LANDSCAPE BRICK WALL EVER HAS TO BE DUG UP, IT IS NOT THE CITY’S RESPONSIBILITY TO REPLACE THE LANDSCAPE BRICK WALL AS SHOWN. 8. Case No. 05-086 filed by Douglas R. Necci with Metco Services, Inc. for residence at 2117 West Lake Drive. Property is zoned R-4 and located north of South Lake Court and east of West Park Drive. Mr. Douglas R. Necci is requesting a variance to allow placement of a landscaped stone wall (accessory structure) to be constructed within a front and exterior side yard for the project located at 2117 West Park Drive. Property is zoned R-4 and located north of South Lake Court and east of West Park Drive. NOVI CODE OF ORDINANCES: Section 2503, Paragraph 2A states that accessory structures, except where otherwise permitted and regulated in this ordinance, shall be located in the rear yard and shall meet the requirements of an accessory building. Applicant is requesting the placement of a landscape wall within the front and exterior side yard of the property. MOTION: IN CASE NO. 05-086 GRANT THE VARIANCE AS REQUESTED SUBJECT TO THE OTHER PERMITS OR APPROVALS THAT ARE NEEDED BEFORE THE CONSTRUCTION OF THE WALL. Other Matters ZBA training – Wednesday, November 9 @ 6:00 p.m.
Meeting adjourned at 9:10 p.m.
|