REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI

Tuesday, April 3, 2001 – 7:30 p.m.

Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Heileman Signs representing Willis Insurance Co. is requesting a variance to erect a 19.24 square foot wall sign to be located at 43155 Main Street.

Michael Storm of 46103 Grand River is requesting a variance to allow residential use of an existing home in an I-1 (Light Industrial) zoning district. One and two family dwellings are not permitted.

8. Case No. 01-019 filed by Karen Wyerman of 45859 Willingham

Karen Wyerman of 45859 Willingham is requesting a rear yard variance of 13.81 feet to allow the construction of a screened porch enclosure of an existing deck.

Required rear yard setback: 35 feet

Proposed: 21.19 feet

Variance: 13.81 feet

9. Case No. 01-020 filed by Daniel and Cheryl Noble of 24580 Bramblewood Drive

Daniel & Cheryl Noble of 24580 Bramblewood Drive are requesting an eighteen (18) inch variance to allow the construction of a sunroom within ten (10) feet of an existing swimming pool.

Required setback: 10 feet

Proposed: 8 feet, 6 inches

Variance: 1 foot, 6 inches

10. Case No. 01-021 filed by Scott Pardel of 41011 McMahon Circle

Scott Pardel of 41011 McMahon Circle is requesting an eight (8) foot front yard variance to allow the construction of an attached garage within the thirty (30) foot required front yard setback.

Required front yard setback: 30 feet

Proposed: 22 feet

Variance: 8 feet

 

 

 

11. Case No. 01-022 filed by Diana Calvin of 47236 Sierra

Diana Calvin of 47236 Sierra is requesting a fifteen (15) foot front yard setback variance for the construction of an addition and a fifteen and one half (15 ½) foot front yard setback variance for the construction of a porch within the front yard.

Required front yard setback: 45 feet

Proposed: 30 feet

Variance: 15 feet

Required front yard setback (Porch): 41 feet

Proposed: 25.5 feet

Variance: 15.5 feet

12. Case No. 01-023 filed by Michael Kahm representing Main Street Village Phase 2

Michael Kahm representing Main Street Village Phase 2 is requesting an interpretation to Article 24, "Schedule of Regulations", Section 2400, Footnote (e) which governs the criteria for separations between buildings.

• Proposed building elevation plan includes a one story garage element protruding from the main four story building. Applicant is requesting an interpretation, which provides for separate building separation distances depending upon the height of the building element along the face of the same elevation.

8. Case No. 01-024 filed by Kimberly Golematis representing Lazy Lizard

Kimberly Golematis representing Lazy Lizard is requesting a variance to erect a portable sign. PLEASE NOTE: The applicant is not in the appropriate district to erect a portable sign.

9. Case No. 01-026 filed by Tony Nowicki representing the City of Novi

Tony Nowicki, Director of Public Services, representing the City of Novi, is requesting eight (8) site variances for the construction of the Twelve Mile Road SAD Improvement. Variances requested are on a lot or parcel basis and a direct result of the proposed increased right of way (ROW).

1. Ann Marie Bitonti

44264 Twelve Mile Road

Sidwell: 5022-10-400-013

Existing Road ROW – 33 feet (Centerline of 12 Mile)

Proposed Road ROW – 75 feet (Centerline of 12 Mile)

Required front yard setback: 45 feet

Proposed: 32 feet

Variance: 13 feet

2. Cornrite Properties

44244 Twelve Mile Road

Sidwell: 5022-10-400-030

Existing ROW – 33 feet (Centerline of 12 Mile)

Proposed ROW – 75 feet (Centerline of 12 Mile)

Required front yard setback: 45 feet

Proposed: 34 feet

Variance: 11 feet

3. Midas Realty Corp.

43421 Twelve Mile Road

Sidwell: 5022-15-200-018

Existing ROW – 43 feet (Centerline of 12 Mile and Centerline of Novi Road)

Proposed ROW – 75 feet (Centerline of 12 Mile Road

Proposed ROW – 51 feet (Centerline of Novi Road)

NOVI CODE OF ORDINANCES, ARTICLE 24, SECTION 2400, "Schedule of Regulations" requires a minimum of a one hundred (100) foot front yard setback in an RC zoning district. NOTE: Midas was originally approved under a B-3 zoning district requiring a thirty (30) foot front yard setback and a ten (10) foot green space between property line and parking.

Required front yard setback (12 Mile): 100 feet

Proposed: 15 feet

Variance: 85 feet

Required front yard setback (Novi Road): 100 feet

Proposed: 55.9 feet

Variance: 44.1 feet

NOVI CODE OF ORDINANCES, SECTION 2506, "Off-Street Stacking Space, Layout Standards, Construction and Maintenance" requires that no parking stall adjacent to a parking lot entrance from a street shall be located closer than twenty five (25) feet from the street ROW.

Required parking setback (12 Mile): 25 feet

Proposed: 15 feet

Variance: 10 feet

NOVI CODE OF ORDINANCES, ARTICLE 24, SECTION 2400, "Schedule of Regulations" requires a twenty (20) foot minimum front yard parking setback.

Required parking setback (Novi Road): 20 feet

Proposed: 18 feet

Variance: 2 feet

 

 

4. West Oaks II

Sidwell: 5022-15-200-059

Request for interpretation regarding parking spaces based upon approved site plan

NOVI CODE OF ORDINANCES, ARTICLE 31, SECTION 3104, "Jurisdiction" states the Zoning Board of Appeals is empowered to act on matters of administrative review per the Ordinance, interpretation, exceptions or special approvals and variances.

• Approved site plan for West Oaks II provides for excess parking. An easement is being proposed to provide access to Midas, which will affect five (5) of those excess parking spaces. West Oaks II concern is for future development. The request is for a favorable interpretation which will allow West Oaks II to maintain their current parking calculations once the easement has been granted, by counting the spaces as existing for all purposes under the Ordinance, including parking requirements.
• This interpretation is conditioned upon West Oaks II granting the easement to Midas.

1. Siena Group, LLC

43300 West Twelve Mile Road

Sidwell: 5022-11-300-006

Existing ROW – 33 feet (Centerline of 12 Mile)

Proposed ROW – 75 feet (Centerline of 12 Mile)

NOVI CODE OF ORDINANCES, ARTICLE 24, SECTION 2400, "Schedule of Regulations" footnote (b) requires a minimum of a seventy five (75) foot front yard setback for uses other than single family residential and for off street parking within a front yard.

Required Non residential use front yard setback: 75 feet

Proposed: 31.7 feet

Variance: 43.3 feet

Required front yard setback (Off street parking): 75 feet

Proposed: 8 feet

Variance: 67 feet

2. Oaks Corner, Inc.

27800 Novi Road

Sidwell: 5022-14-100-063

Existing ROW – 43 feet (Centerline of 12 Mile)

Proposed ROW – 75 feet (Centerline of 12 Mile)

NOVI CODE OF ORDINANCES, SECTION 2406, Paragraph 6, subpara (D) requires a seventy five (75) foot minimum front yard setback to a principle building.

Required front yard setback: 75 feet

Proposed: 74.9 feet

Variance: 0.1 feet

3. Scott Shuptrine

43606 West Oaks Drive

Proposing an additional ten (10) foot ROW along front property line

NOVI CODE OF ORDINANCES, SECTION 2407, Paragraph 6, subpara (D)(2) requires a minimum of a twenty (20) foot front yard setback for off street parking.

Required off street parking setback: 20 feet

Proposed: 14 feet

Variance: 6 feet

4. West Oaks Drive

Interpretation or variance request regarding Highway Easements.

• An interpretation or variance is requested regarding a highway easement as it applies to lot lines. A five (5) foot highway easement is proposed on West Oaks Drive across from the Standard Federal Bank.

• An interpretation or variance is requested in that the area granted for highway easement not be considered right of way for purposes of measuring setback, landscaping or any other requirements of the Zoning Ordinance, in order to ensure that the grant of the easement to the City will not limit or prevent property owners ability to maintain, expand, rebuild, alter, or lease the improvements on the subject property to the same extent as would be permitted without the grant of the easement.