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ACTION SUMMARY

 

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.

 

AGENDA

Roll call Members Bauer, Brennan, Gray, Gronachan, Sanghvi and Reinke

Absent: Member Fannon (excused)

Approval of Agenda - approved

Approval of Minutes – March 6, 2001 minutes – approved with minor changes by Member Gray

Public Remarks - None
  1. Case No. 01-016 filed by Heileman Signs representing Willis Insurance Co.

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.

MOTION: THAT IN CASE NO. 01-016 TO GRANT THE REQUESTED VARIANCE SO THAT THE APPLICANT CAN HAVE IDENTIFICATION
  1. Case No. 01-009 filed by Linda & John Anderson of 207 Charlotte
    2.

    Linda & John Anderson are requesting a front yard variance of five (5) feet, a west side yard variance of one (1) foot, an east side yard variance of ten (10) feet, a rear yard variance of fifteen (15) feet and a five percent increase in lot coverage. PLEASE NOTE: This revised variance request is a result of the concerns expressed at last month’s ZBA meeting.

    Required front yard setback: 30 feet

    Proposed: 25 feet

    Variance: 5 feet

    Required side yard setback (East): 10 feet

    Proposed: 5 feet

    Variance: 5 feet

    Required side yard setback (West): 10 feet

    Proposed: 9 feet

    Variance: 1 foot

    Required rear yard setback: 35 feet

    Proposed: 20 feet

    Variance: 15 feet

    Maximum lot coverage: 25%

    Proposed: 30%

    Variance: 5%

    TABLED TO MAY 1, 2001 MEETING

  2. Case No. 01-017 filed by Kevin Sovel of Marathon Oil
    3.

    Kevin Sovel of Marathon Oil is requesting a sign variance to allow a façade alteration from Sunoco to Marathon Oil. Please refer to previous Case No. 1042.

    MOTION: THAT IN CASE NO. 01-017 TO GRANT THE PETITIONER’S REQUEST TO ALLOW A FAÇADE ALTERATION FOR BUSINESS IDENTIFICATION PURPOSES

  3. Case No. 01-008 filed by Carol Eberhart of 2293 Austin
    4.

    Carol Eberhart of 2293 Austin is requesting a variance to allow the continued placement of a wood fence within the minimum front yard setback distance.

    MOTION: THAT IN CASE NO. 01-008 TO GRANT THE VARIANCE REQUEST OF MAINTAINING A WOODEN FENCE WITHIN THE FRONT YARD SETBACK DUE TO THE INTERESTING CONFIGURATION OF THE LOTS IN THE AREA AND THE NECESSITY TO PROTECT THE APPLICANT’S PROPERTY FROM HER NEIGHBORS

     
  4. Case No. 01-018 filed by Michael Storm of 46103 Grand River
    5.

    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.

    TABLED TO THE MAY 1, 2001 MEETING

  5. Case No. 01-019 filed by Karen Wyerman of 45859 Willingham
    6.

    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

    MOTION: THAT IN CASE NO. 01-019 TO GRANT THE PETITIONER’S REQUEST FOR A REAR YARD SETBACK OF 13.81 FEET DUE TO LOT CONFIGURATION

  6. Case No. 01-020 filed by Daniel and Cheryl Noble of 24580 Bramblewood Drive
    7.

    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

    MOTION: THAT IN CASE NO. 01-020 TO APPROVE THE APPLICANT’S REQUEST OF EIGHTEEN (18) INCHES DUE TO UNUSUAL CIRCUMSTANCES AND TO WAIVE THE FIVE DAY WAITING PERIOD

  7. Case No. 01-021 filed by Scott Pardel of 41011 McMahon Circle
    8.

    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

    MOTION: THAT IN CASE NO. 01-021 TO GRANT THE VARIANCE REQUEST OF AN EIGHT (8) FOOT FRONT YARD SETBACK DUE TO LOT SIZE AND CONFIGURATION

  8. Case No. 01-022 filed by Diana Calvin of 47236 Sierra
    9.

    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

    MOTION: THAT IN CASE NO. 01-022 TO GRANT THE PETITIONER’S REQUEST FOR TWO FRONT YARD SETBACK VARIANCES OF 15 AND 15.5 FEET DUE TO LOT CONFIGURATION

     

  9. 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.

MOTION: THAT IN CASE NO. 01-023 THE BOARD FINDS THAT THE PETITIONER’S INTERPRETATION OF THE ORDINANCE IS CORRECT AND PROPER

  1. Case No. 01-024 filed by Kimberly Golematis representing Lazy Lizard
    2.

    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.

    MOTION: THAT IN CASE NO. 01-024 TO GRANT THE SIGN VARIANCE SUBJECT TO CONSULTING WITH THE CITY ATTORNEY’S OFFICE FOR ANY NECESSARY LEGAL MATTERS AND ALSO SUBJECT TO A MAXIMUM OF ONE (1) YEAR, PREFERABLY WITH A REPORT BACK TO THE BOARD IN SIX (6) MONTHS AS TO THE STATUS OF PARKING IN THE AREA

  2. 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

    2. 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

    3. 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.

    4. 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

    2. 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.

    3. 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

    4. 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.

 

MOTION: THAT IN CASE NO. 01-026 TO GRANT THE PETITIONER’S REQUEST FOR EIGHT (8) SITE VARIANCES AND INTERPRETATIONS AS LISTED ON THE AGENDA FOR THE BENEFIT OF THE COMMUNITY, SUBJECT TO THE EASEMENTS REFERRED TO IN ITEMS FOUR (4) AND EIGHT (8) BEING GRANTED AND ACCEPTED AND FURTHER SUBJECT TO THE ACTUAL IMPROVEMENT OF THE AFFECTED PARCELS SUBSTANTIALLY AS PROPOSED UNDER SAD 155 AND AS PRESENTED TONIGHT

OTHER MATTERS

  1. Joint City Council / Zoning Board of Appeals meeting – The Board discussed the different topics that had been previously submitted. They came to the consensus that everyone should think of more topics and return them to Sarah Marchioni before the next meeting.