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REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI Tuesday, June 5, 2001 – 7:30 p.m. Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.
AGENDA Roll call Members Bauer, Brennan, Fannon, Gray, Gronachan, Sanghvi Absent Chairperson Reinke (excused) Approval of Agenda - approved Approval of Minutes – May 1, 2001 – approved with corrections Public Remarks 1) Ted Minasian (Beechforest Office Park) – requested an extension of one year for his variance to coincide with expiration of final site plan approval. MOVED AND SECONDED TO APPROVE THE REQUEST 1) Case No. 01-018 filed by Michael Storm of 46103 Grand River 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. MOTION: THAT IN CASE NO. 01-018 TO DENY THE VARIANCE OF RESIDENTIAL USE DUE TO THE SELF IMPOSED HARDSHIP
Ten & Beck LLC Susan Friedlaender, attorney for Ten & Beck LLC is requesting to develop a single family residential site in a R-1 zoning district and is requesting a non-use variance for less lot area and setback requirements throughout the proposed 40 home site. Required minimum lot area: 21,780 square feet Proposed: 14,425 square feet Required minimum lot width: 120 feet Proposed: 90 feet and greater Required minimum side yard setbacks: 15 feet with a total of 40 feet Proposed: 10 feet with a total of 30 feet MOTION: THAT IN CASE NO. 01-034 TO PREPARE FACTS AND FINDINGS IN SUPPORT OF A DENIAL TO BE REVIEWED AT THE NEXT MEETING Mark Jacoby of New Horizons is requesting a variance to allow the continuation of outdoor storage in an I-1 (Light Industrial) zoning district for property located at 41108 Vincenti Ct. A variance to allow outdoor storage was granted on January 4, 2000. Please see Case No. 99-080. MOTION: THAT IN CASE NO. 01-025 TO GRANT THE VARIANCE REQUEST FOR THE TEMPORARY STORAGE FOR TWO YEARS AS LONG AS IT IS USED FOR THE SAME PURPOSE AS IT WAS VOTED ON IN JANUARY 4, 2000 Bruce Heckman of the Taubman Company representing Lifestyle Café is requesting a variance to allow a wall sign at the entrance to Twelve Oaks Mall. Lifestyle Café does not have a direct separate entrance to the business from outside the building. MOTION: THAT IN CASE NO. 01-033 TO GRANT THE PETITIONER’S SIGN REQUEST WITH THE PROVISION THAT THE MOVIE GROUND SIGN ON TWELVE MILE ROAD BE REMOVED Brian Hickey is requesting a variance to the rooftop screening requirements for the structure located at 22241 Roethel Drive. Applicant is concerned for the integrity of the roof system as the roof top screening would require several roof penetrations. MOTION: THAT IN CASE NO. 01-035 TO GRANT THE REQUEST TO ALLOW THE PETITIONER NOT TO PUT IN THE ROOF TOP SCREENING ON THE HVAC UNIT AS LONG AS IT IS PAINTED TO MATCH THE BUILDING DUE TO THE LOCATION OF THE BUILDING IN RELATIONSHIP TO THE INDUSTRIAL PARK
David Plautz representing South Pointe Condominiums is requesting a variance to erect an entranceway sign. MOTION: THAT IN CASE NO. 01-037 TO APPROVE THE SIGN VARIANCE WITH THE PROVISION THAT IT BE INSTALLED PERMANENTLY AND THAT THE OTHER SIGN IS REMOVED
Steven Schneemann is requesting four (4) variances; an interpretation and variance to the building height requirements, a variance that would permit front yard parking, an interpretation and variance to the requirements for perimeter landscape berms and an interpretation of competency in the evaluation of noise per ordinance. These variances are requested for the construction of the proposed Oak Pointe Church located on Ten Mile Road between Napier and Wixom Road. MOTION: THAT IN CASE NO. 01-038A TO GRANT THE VARIANCE FOR BUILDING HEIGHT BASED ON THE PLANS PRESENTED TONIGHT IN OUR PACKET DUE TO THE UNIQUE GRADE OF THE PROPERTY
MOTION: THAT IN CASE NO. 01-038B TO GRANT THE VARIANCE FOR FRONT YARD PARKING DUE TO THE UNIQUE CONFIGURATION OF THE PROPERTY MOTION: THAT IN CASE NO. 01-038C TO GRANT THE VARIANCE FOR LANDSCAPE BERMING REQUIREMENTS ON THE NORTH SIDE OF THE ACCEPTED PARCEL DUE TO THE UNIQUE CONFIGURATION AND SITE PLAN OF THE PROPERTY MOTION: THAT IN CASE NO. 01-038D IT IS THE BOARD’S INTERPRETATION THAT MR. RALPH BALCK HAS THE CERTIFICATION TO MAKE HIS EVALUATION REGARDING NOISE ANALYSIS OF THE PROPERTY Jeffrey Kasper representing Jimmies at Home is requesting a variance to erect a second sign. MOTION: THAT IN CASE NO. 01-039 TO GRANT THE REQUEST FOR A SECOND SIGN WITH THE PROVISION THAT THE GROUND SIGN WILL BE REMOVED DUE TO IDENTIFICATION PROBLEMS Abbas Bazzi of Flaming Shish Restaurant is requesting a variance to allow seven (7) tables for temporary outdoor seating from June through September 2001, located at 39777 Grand River Avenue in the Pheasant Run Plaza. Refer to Case Nos. 1430, 1619, 1867, 91-70, 92-080 and 00-036. MOTION: THAT IN CASE NO. 01-044 TO GRANT THE PETITIONER’S REQUEST FOR OUTDOOR SEATING WITH CLARIFICATION THAT THERE WILL BE TWENTY (20) INCH TABLES, THAT THERE WILL BE ENOUGH ROOM AROUND THE TABLE AS BEING CONFIRMED BY MR. SAVEN, THE VARIANCE WILL LAST FOR A PERIOD OF THREE (3) YEARS UNLESS THERE ARE ANY OTHER PROBLEMS IN THE MEANTIME AND TO WAIVE THE FIVE (5) DAY WAITING PERIOD Ronald Cieslak is requesting three (3) variances; a reduced exterior parking setback, an omission of landscape buffering and a variance to the noise analysis requirement. These variances are requested for the construction of an addition to the Meadowbrook Congregational Church located at 21355 Meadowbrook Road. MOTION: THAT IN CASE NO. 01-040 TO GRANT THE PETITIONER’S REQUEST FOR FRONT YARD PARKING SETBACKS, LANDSCAPE REQUIREMENTS AND RELIEF OF THE NOISE ANALYSIS REQUIREMENTS BECAUSE OF PECULIAR CONDITIONS Harry & Colette Scholten are requesting a 270 square foot variance to allow additional garage space (attached) at the proposed new residence on lot #134 at 46075 White Pines Drive. Property is located in an R-1 zoning district. NOVI CODE OF ORDINANCES, Section 2503, Para 1 (G) states: "No detached or attached accessory building is intended for the parking and storage of private motor vehicles shall exceed, in total aggregate floor space of all such accessory buildings on a lot…seven hundred fifty (750) square feet in an RA or R-1 District." Proposed Accessory Structure: 1270 square feet Permitted: 1000 square feet Variance: 270 square feet MOTION: THAT IN CASE NO. 01-041 TO DENY THE PETITIONER’S REQUEST OF ADDITIONAL SQUARE FOOTAGE DUE TO THE LACK OF HARDSHIP Kevin Taylor is requesting a variance to allow the continued placement of an overhead door at Programmed Products Corporation, 44311 Grand River. The property is zoned I-1 and the overhead door is adjacent to a residential district. MOTION: THAT IN CASE NO. 01-042 TO DENY THE CONTINUATION OF OVERHEAD DOORS DUE TO THE SELF IMPOSED HARDSHIP Ibrahim Mchaimech representing Fatoosh Mediterranean Cuisine is requesting variances to erect two (2) signs located at 42875 Grand River. MOTION: THAT IN CASE NO. 01-043 TO GRANT THE PETITIONER’S SIGN REQUEST DUE TO BUSINESS IDENTIFICATION AND THE FACT THAT THERE ARE TWO DIFFERENT STREETS Wayne Miller of JPRA Architects representing Fountain Walk is requesting several sign variances for the project located at 12 Mile. SIGN A: 1) NOVI CODE OF ORDINANCES, SECTION 28-6(2)a1i "Area" 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…" PERMITTED: 50 square feet PROPOSED: 60 square feet VARIANCE: 10 square feet
2) NOVI CODE OF ORDINANCES, SECTION 28-6(3) "Number of signs" states: "…no building or parcel of land shall be allowed more than one (1) sign permitted…"
3) NOVI CODE OF ORDINANCES, SECTION 28-6(3)b states: "Where four (4) or more separately owned and operated businesses with an exterior pedestrian access to each business occupy a one store building on a single parcel of land, the parcel is permitted one (1) business center ground sign." SIGN B: 1) NOVI CODE OF ORDINANCES, SECTION 28-6(2)a1i "Area" 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…" PERMITTED: 30 sq. ft. PROPOSED: 75.5 sq. ft. VARIANCE: 45.5 sq. ft. 2) NOVI CODE OF ORDINANCES, SECTION 28-6(2)a2ii "Height" states: "All other ground signs shall not exceed a height of five (5) feet…" PERMITTED: 5 ft. PROPOSED: 15 ft. VARIANCE: 10 ft. 3) NOVI CODE OF ORDINANCES, SECTION 28-6(2)a3 "Placement" states: "Ground signs shall not be placed less than sixty three (63) feet from the centerline of a thoroughfare…" REQUIRED: 63 ft. PROPOSED: 40.67 ft. VARIANCE: 22.33 ft.
4) NOVI CODE OF ORDINANCES, SECTION 28-6(3) "Number of signs" states: "…no building or parcel of land shall be allowed more than one (1) sign permitted…"
SIGN C: 1) NOVI CODE OF ORDINANCES, SECTION 28-6(2)a1i "Area" 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…" PERMITTED: 30 sq. ft. PROPOSED: 99 sq. ft. VARIANCE: 69 sq. ft. 2) NOVI CODE OF ORDINANCES, SECTION 28-6(2)a3 "Placement" states: "Ground signs shall not be placed less than sixty three (63) feet from the centerline of a thoroughfare…" REQUIRED: 63 ft. PROPOSED: 41.67 ft. VARIANCE: 21.33 ft. 3) NOVI CODE OF ORDINANCES, SECTION 28-6(3) "Number of signs" states: "…no building or parcel of land shall be allowed more than one (1) sign permitted…"
SIGN D: 1) NOVI CODE OF ORDINANCES, SECTION 28-6(2)a1i "Area" 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…"
PERMITTED: 30 sq. ft. PROPOSED: 74.25 sq. ft. VARIANCE: 44.25 sq. ft. 2) NOVI CODE OF ORDINANCES, SECTION 28-6(2)a3 "Placement" states: "Ground signs shall not be placed less than sixty three (63) feet from the centerline of a thoroughfare…" REQUIRED: 63 ft. PROPOSED: 38.83 ft. VARIANCE: 24.17 ft. 3) NOVI CODE OF ORDINANCES, SECTION 28-6(3) "Number of signs" states: "…no building or parcel of land shall be allowed more than one (1) sign permitted…"
SIGN E: 1) NOVI CODE OF ORDINANCES, SECTION 28-11(a) "Prohibited Signs" states: "A sign not expressly permitted is prohibited." MOTION: THAT IN CASE NO. 01-045 TO APPROVE THE SIGN VARIANCES AS REQUESTED TONIGHT FOR THE PURPOSE OF HAVING THE PROPER SIGNAGE FOR A PROJECT OF THIS SIZE, INCLUDES SIGNS A - E
Craig Klaver representing the City of Novi Building Authority is requesting a sign variance for the size and height of a temporary real estate sign proposed to be located on the southwest corner of Cherry Hill and Meadowbrook Road. NOVI CODE OF ORDINANCES, Section 28-7(3) "Temporary Signs" requires signs used for sale, rental or lease of buildings on site shall be no more than six (6) square feet in area and no higher than five (5) feet in height.
Proposed size of sign: 64 square feet Allowable: 6 square feet Variance: 58 square feet Proposed height of sign: 10 feet Allowable: 5 feet Variance: 5 feet MOTION: THAT IN CASE NO. 01-050 TO GRANT THE PETITIONER’S SIGN REQUEST DUE TO A NEW DEVELOPMENT FOR ONE (1) YEAR Tony Nowicki, Director of Public Services, representing the City of Novi is requesting a 7’5" parking setback variance for the Standard Federal Bank building at 43600 West Oaks Drive. The variance request is in conjunction with the Twelve Mile Road SAD improvement variances and for the realignment of West Oaks Drive. It is a direct result of the increase in right of way. Please refer to Case No. 01-026. MOTION: THAT IN CASE NO. 01-051 TO GRANT THE PETITIONER’S REQUEST FOR A PARKING SETBACK VARIANCE FOR THE BENEFIT OF THE COMMUNITY AND OTHER CONSIDERATIONS
OTHER MATTERS Adjourn at 12:01 am.
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