| View Agenda for this meeting ACTION SUMMARY
Roll call Members Bauer, Canup (absent excused), Fischer, Gronachan, Krieger, Sanghvi and Shroyer Rules of Conduct:
Approval of Agenda – approved as amended Approval of Minutes – December 6, 2005 and January 10, 2006 - approved Public Remarks - none 1. Case No. 06-001 filed by Matthew Gudaitis for property at 2115 West Lake Drive Matthew Gudaitis is requesting six (6) variances for the construction of a new home located at 2115 West Lake Drive. Applicant is requesting a two (2) foot front yard setback variance, a six (6) foot rear yard setback variance, a north side yard setback variance of six (6) feet, a south side yard setback variance of ten feet, eleven inches (10’-11") with a total aggregate variance of both side yards of sixteen feet, eleven inches (16’-11"), and a lot coverage variance of 13.5%. Property is zoned R-4 and located east of West Park Drive and south of Pontiac Trail. NOTE: Existing structures are to be removed. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires; a thirty (30) foot front yard setback, a thirty-five (35) foot rear yard setback, a minimum side yard setback of ten (10) feet with an aggregate setback of both side yards of twenty-five (25) feet and a maximum lot coverage of twenty-five (25 %) percent. Required front yard setback 30 feet Proposed front yard setback 28 feet Variance requested 2 feet Required rear yard setback 35 feet Proposed rear yard setback 29 feet Variance requested 6 feet Required side yard setback (north) 10 feet Proposed side yard setback 4 feet Variance requested 6 feet Required side yard setback (south) 15 feet Proposed side yard setback 4 feet, 1 inch Variance requested 10 feet, 11 inches Required side yard setback (both sides) 25 feet Proposed side yard setback 8 feet, 1 inch Variance requested 16 feet, 11 inches Proposed lot coverage 38.5% Maximum lot coverage 25% Variance requested 13.5% MOTION: IN CASE NO. 06-001 TO APPROVE THE CURRENTLY REQUESTED VARIANCES DUE TO LOT WIDTH, WHICH CAUSES A PRACTICAL DIFFICULTY WITH REGARD TO THE WIDTH OF THE HOUSE. PETITIONER HAS ADDRESSED ALL OF THE CONCERNS PREVIOUSLY BROUGHT UP BY THIS BOARD, HAVING ELIMINATED THE REAR YARD VARIANCE AND REDUCED THE LOT COVERAGE. THE PETITIONER HAS REDUCED THE WIDTH OF THE HOUSE AS MUCH AS POSSIBLE TO DEAL WITH THAT BURDEN AND THIS IS THE MINIMUM VARIANCE THAT THE BOARD FEELS CAN BE GRANTED WHILE STILL GIVING BOTH THE NEIGHBOR AND THIS PROPERTY OWNER SUBSTANTIAL JUSTICE.
2. Case No. 06-002 filed by NorthStar Signs, Inc. for Campus Tech Park NorthStar Signs, Inc. is requesting one (1) sign variance to erect a construction identification sign for Campus Tech Park at 5022-13-351-025, which is located north of Eleven Mile Road and east of Meadowbrook Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(1) states: "construction identification sign not to be issued prior to building permit..." Applicant is requesting permission to erect a sixty three (63) square foot construction identification sign. MOTION: IN CASE NO. 06-002 TO APPROVE THE SIGN, REPLACING THE CURRENT 4 X 4 SIGN WITH THE 7 X 9 SIGN FOR A PERIOD OF TWO YEARS
3. Case No. 06-013 filed by Novi Urgent Care at 24230 Karim Novi Urgent Care is requesting one (1) sign variance to add language of "Novi Urgent Care" to an existing business center sign for Brookside Medical Building at 24230 Karim. The building is located north of Ten Mile Road and west of Haggerty Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.1.i. states: "Except as provided below, ground signs shall not exceed a maximum thirty (30) square feet or one (1) square foot for each two (2) feet the sign is setback, whichever is greater, with a maximum area of one hundred (100) square feet." Required setback 70 feet Proposed 63 feet Variance 7 feet Case tabled to April 4, 2006 meeting
4. Case No. 06-014 filed by Metro PCS Michigan, Inc. for 42380 Arena Drive Carmen Kleckler of Richard Connor Riley & Associates, LLC representing Metro PCS Michigan, Inc. is requesting a variance to the requirement of a face brick exterior equipment shelter building on all four sides located at the cell tower at 42380 Arena Drive. The property is zoned I-1 and located at the Novi Ice Arena property where the cell tower was constructed to the east of the arena. CITY OF NOVI, CODE OF ORDINANCES, Section 2508.1g requires that equipment shelter buildings shall be constructed of face brick on all sides with a gable roof in addition to compliance with standards at Section 2520. The applicant wishes to install a metal equipment cabinet that is not an approved material. MOTION: IN CASE NO. 06-014 TO APPROVE THE VARIANCE AS REQUESTED FOR THE APPLICANT TO INSTALL METAL EQUIPMENT AS OPPOSED TO THE FACE BRICK AND GABLED ROOF BASED ON THE PETITIONER’S TESTIMONY AND THAT THIS IS OUTDOOR EQUIPMENT PLACED OUTDOORS. IT HAS BEEN INDICATED THAT THE SITE OF THIS PROJECT WILL HAVE MINIMAL EXPOSURE. THE PETITIONER HAS STATED THAT IT WILL MEET ALL MIOSHA STANDARDS FOR SAFETY PURPOSES. ALSO, WE RECOMMEND THAT THIS ORDINANCE BE SENT TO ORDINANCE REVIEW FOR FURTHER CLARIFICATION FOR ANYTHING ELSE THAT COMES BEFORE THIS BOARD IN THE FUTURE IN THIS MATTER.
5. Case No. 06-015 filed by Metro PCS Michigan, Inc. for 45500 Grand River Carmen Kleckler of Richard Connor Riley & Associates, LLC representing Metro PCS Michigan, Inc. is requesting a variance to the requirement of a face brick exterior equipment shelter building on all four sides located at the cell tower at 45500 Grand River. The property is zoned I-1 and located on the north side of Grand River and east of Taft Road in Section 16. CITY OF NOVI, CODE OF ORDINANCES, Section 2508.1g requires that equipment shelter buildings shall be constructed of face brick on all sides with a gable roof in addition to compliance with standards at Section 2520. The applicant wishes to install a metal equipment cabinet that is not an approved material. MOTION: IN CASE NO. 06-015 TO APPROVE THE VARIANCE REQUEST FOR THE METAL EQUIPMENT CABINETS BASED ON THE DISCUSSION AT THIS TABLE AND GIVEN BY THE TESTIMONY OF THE PETITIONER
6. Case No. 06-016 filed by Singh Management for Main Street Village Paul Rizzardi of Singh Management is requesting one (1) sign variance to extend a temporary construction sign for Main Street Village. The sign is located at 25300 Constitution. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (1) states: "Construction identification sign…is valid for a period of twelve months..." The applicant is requesting an extension to allow the existing sign to remain on the property. MOTION: IN CASE NO. 06-016 TO APPROVE THE REQUEST OF THE APPLICANT FOR THE CONTINUED SIGN PRESENCE AT 25300 CONSTITUTION FOR A PERIOD OF ONE YEAR
7. Case No. 06-017 filed by Singh Management for Waltonwood at Twelve Oaks Kam Ruwe of Singh Management representing Waltonwood at Twelve Oaks is requesting sign extension variances for two (2) marketing signs. Sign A is located in front of the Waltonwood development on Huron Circle Drive. Sign B is located on Twelve Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (1) states that the maximum permit duration is: "…valid until issuance of last certificate of occupancy or for a period of twelve (12) months, whichever occurs first." Sign A was granted its first extension on February 1, 2000 (ZBA Case No. 99-089), its second extension on February 6, 2001 (ZBA Case No. 01-001), its third extension on March 5, 2002 (ZBA Case No. 02-008), its fourth extension on May 6, 2003 (ZBA Case No. 03-030), and fifth extension on August 10, 2004 (ZBA Case No. 04-067). Sign B was approved on January 9, 2001 (ZBA Case 00-108), was granted its first extension on March 5, 2002 (ZBA case No. 02-008), its second extension on May 6, 2003 (ZBA Case No. 03-030), and its third extension on August 10, 2004 (ZBA 04-067). MOTION: IN CASE NO. 06-017 TO GRANT AN EXTENSION OF ONE MORE YEAR FOR THE SIGN REQUEST. ALSO, SEND A COPY OF THE MINUTES FOR REVIEW BY THE PLANNING DEPARTMENT AND MEMBERS OF THE CITY COUNCIL WHO ARE ON THE ORDINANCE REVIEW BOARD
8. Case No. 06-018 filed by Toll Brothers for Island Lake of Novi Subdivision Lance Hardins of Toll Brothers is requesting a renewal of sign variances granted by the Zoning Board of Appeals on September 7, 2004 for a period of one year for Case No. 04-081 for sign number 3, 4, 5, 8, 10, and 11. The ground signs are erected in the Island Lake development, which is located between Grand River and Ten Mile Road on Wixom Road. The locations of the signs are as follows: Sign #3 – located at Drakes Bay Drive, west of Wixom Road Sign #4 – located at the northwest corner of Ten Mile and Wixom Road Sign #5 – located at Lot 232 (Terra Del Mar) Sign #8 – located at entrance to Island Lake Clubhouse (Drakes Bay Drive) Sign #10 – located at Lot 282 on corner of Terra Del Mar and Drakes Bay Drive Sign #11 – located at Lot 195 on corner of Chesapeake Drive and Drakes Bay Drive MOTION: IN CASE NO. 06-018 TO APPROVE THE VARIANCE REQUEST FOR A ONE YEAR EXTENSION OR SELL OUT BY AREA REPRESENTED, WHICHEVER COMES FIRST FOR THE SIGNS NUMBERED 3, 4, 5, 8, 10, AND 11, WHICH INCLUDES A CONTINUANCE OF A REAL ESTATE SIGN VARIANCE AS INDICATED IN THE APPLICATION. THIS MOTION IS APPROVED DUE TO THE NUMBER OF UNITS STILL TO BE SOLD.
9. Case No. 06-019 filed by Thurber Building Company for Cheltenham North Subdivision Thurber Building Company is requesting one (1) sign variance to erect an entranceway sign for the Cheltenham North Subdivision to be located north of Nine Mile Road and west of Beck Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(2) states that permits are "not to be issued prior to a first building permit…" The applicant is requesting permission to erect a sixty four (64) square foot entranceway sign. MOTION: IN CASE NO. 06-019 TO APPROVE THE REQUEST FOR ONE SIGN VARIANCE TO BE ERECTED AT THE ENTRANCEWAY OF THE CHELTENHAM NORTH SUBDIVISION, LOCATED NORTH OF NINE MILE AND WEST OF BECK DUE TO THE TESTIMONY GIVEN BY THE PETITIONER THIS EVENING FOR TWO YEARS OR UNTIL THE FIRST BUILDING PERMIT IS ISSUED, WHICHEVER IS FIRST
10. Case No. 06-020 filed by Radiant Sign Company for Leo’s Coney Island at 47830 Grand River (Westmarket Square) Radiant Sign Company, LLC is requesting one (1) sign variance to erect an additional sign at Leo’s Coney Island, which is located at 47830 Grand River Avenue (Westmarket Square). 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 of thirty six (36) square feet. MOTION: IN CASE NO. 06-020 TO APPROVE THE VARIANCE FOR THE ADDITIONAL SIGN FACING THE ENTRANCE RAMP TO BECK ROAD AND CONTINGENT THAT THE SIGN ON THE WEST SIDE IS REMOVED FROM THE WINDOW AS PREVIOUSLY STATED
11. Case No. 06-021 filed by James Weiner at 2094 Austin James Weiner is requesting four (4) variances for the construction of a new home located at 2094 Austin Drive, Lot 85 and the northerly twenty (20) feet of Lot 86 of the Shawood Walled Lake Heights Subdivision. The applicant is requesting an 11.25 foot front yard setback variance, a 1.5 foot south side yard setback variance with a combined total of a 1.5 foot side yard setback variance and a lot coverage variance of two (2%) percent. Property is zoned R-4 and located west of Old Novi Road and south of South Lake Drive. NOVI CODE OF ORDINANCES, Article 24, Section 2400, "Schedule of Regulations" requires a thirty (30) foot front yard setback, a ten (10) foot minimum side yard setback with a combined side yard setback total of twenty-five (25) feet and a maximum lot coverage of twenty-five (25%) percent in an R-4 zoning district. Required front yard setback 30 feet Proposed front yard setback 18.75 feet Variance requested 11.25 feet Required side yard setback (south) 15 feet Proposed side yard setback (south) 13.5 feet Variance requested 1.5 feet Required total both side yards 25 feet Proposed total both side yards 23.5 feet Variance requested 1.5 feet Proposed lot coverage 27 % Maximum lot coverage 25 % Variance requested 2 % MOTION: IN CASE NO. 06-021 TO APPROVE THE REQUEST FOR THE VARIANCES BASED ON THE DISCUSSION HERE THIS EVENING, PARTICULARLY TO THE COMMENTS THAT THE SIZE OF THIS HOUSE IS MINIMUM, AND THE UNUSUAL LOT SHAPE AND DIMENSIONS OF THIS LOT. ALSO, THE PETITIONER HAS INDICATED THAT HE DOES NOT WANT TO NEGATIVELY IMPACT HIS NEIGHBORS AND THEREFORE HAS SUBSTANTIATED WHY THESE VARIANCES ARE NECESSARY
12) Case No. 06-022 filed by Glenn Klocke at 44480 Eleven Mile Road Glenn Klocke is requesting three (3) variances for the construction of an addition located at 44480 Eleven Mile Road. Applicant is requesting a three (3) foot front yard setback variance and a 2.25 foot west side yard setback variance, which includes a variance request for the aggregate total of both side yards of 2.25 feet. Property is zoned R-4 and located on Lot 5 of Mary’s Orchard Subdivision. The property is north of Eleven Mile between Novi Road and Taft Road. NOTE: Previous approval was granted pursuant to Case # 04-119 but project was never started. Applicant is now requesting an additional two (2) foot front yard setback variance. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a minimum front yard setback of thirty (30) feet and an aggregate total of both side yards of twenty-five (25) feet in an R-4 Zoning District. Required front yard setback 30 feet Proposed front yard setback 27 feet Variance requested 3 feet Required side yard setback (west) 14.25 feet Proposed side yard setback (west) 12 feet Variance requested 2.25 feet Required aggregate of both side yards 25 feet Proposed aggregate of both side yards 22.75 feet Variance requested 2.25 feet MOTION: IN CASE NO. 06-022 TO APPROVE THE VARIANCE REQUEST GIVEN THE PREVIOUS INFORMATION IN THE CASE THAT WAS PRESENTED TO THIS BOARD ON DECEMBER 7, 2004 AS WELL AS THE ADDITIONAL INFORMATION ADDED BY THE PETITIONER FOR THIS EVENING
13) Case No. 06-023 filed by the Home Depot at 47950 Grand River Pace Nielson of 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 (Westmarket Square development). The applicant is requesting to have an outdoor tent patio furniture sale from May 14, 2006 to June 6, 2006. The property is zoned B-2 and located west of Beck Road and north of Grand River. CITY OF NOVI, CODE OF ORDINANCES, Section 3004, "Temporary Use Permits" states: "The Building Official or his designee, shall have the power to grant permits authorizing temporary special land uses for tent sales where permitted." The applicant is requesting a tent sale in the parking lot in front of the Home Depot building. MOTION: IN CASE NO. 06-023 TO APPROVE THE APPLICANT’S REQUEST FOR A TEMPORARY USE PERMIT FOR THE DATES MENTIONED IN THE APPLICATION AND THAT THE TENT IS NO LARGER THAN 40 X 60 AS STATED BY THE APPLICANT ON THE APPLICATION
14) Case No. 06-024 filed by the Home Depot at 47950 Grand River Pace Nielson of the Home Depot is requesting a Temporary Use Permit to allow a sidewalk sale in the front apron of the Home Depot store located at 47950 Grand River (Westmarket Square development). The applicant requests to have a sidewalk sale from May 15, 2006 to September 6, 2006 to sell live good merchandising and promotional items. The property is zoned B-2 and located west of Beck Road and north of Grand River. CITY OF NOVI, CODE OF ORDINANCES, Section 3004, "Temporary Use Permits" states: "The Building Official or his designee, shall have the power to grant permits authorizing temporary special land uses for …sidewalk sales… where permitted." The applicant is requesting a sidewalk sale in the front apron of the Home Depot building. Case tabled to April 4, 2006 meeting
OTHER MATTERS Meeting adjourned at 10:31 p.m.
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