| View Agenda for this meeting View Minutes for this meeting ACTION SUMMARY REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI Tuesday, July 17, 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 and ReinkeApproval of Agenda – approved with amendments Approval of Minutes – June 5, 2001 – approved with amendment Public Remarks - None 1) Case No. 01-034 filed by Susan Friedlaender, attorney for 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 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 DENY THE USE VARIANCE REQUEST BASED ON THE FACTS AND FINDINGS THAT HAVE BEEN PRESENTED TO THE BOARD TONIGHT, WHICH THE BOARD ADOPTED 2) Case No. 01-054 filed by Gary Gottschalk representing Comerica 2-29 Well Gary Gottschalk of Somoco is requesting a variance from Section 2508 of the City of Novi Zoning Ordinance to allow drilling of an oil and gas well in a residential district. MOTION: THAT IN CASE NO. 01-054 TO APPROVE THE VARIANCE AS REQUESTED TO ALLOW DRILLING OF AN OIL AND GAS WELL IN A RESIDENTIAL DISTRICT DUE TO THE GOOD TRACK RECORD OVER THE PERIOD OF THE TIME THAT THEY HAVE BEEN IN THE CITY AND THAT IT DOESN’T SEEM TO HAVE IMPACTED THE NEIGHBORS ON THE SURFACE FROM THE PREVIOUS BOARD’S DECISION 3) Case No. 01-011 filed by Lou Agoston of 20911 Turnberry Lou Agoston is requesting a four (4) foot front yard setback variance for the construction of a fence / wall located at 20911 Turnberry (Lot 12). Required front yard setback: 45 feet Proposed: 41 feet Variance: 4 feet MOTION: THAT IN CASE NO. 01-011 TO APPROVE THE FOUR (4) FOOT FRONT YARD SETBACK VARIANCE DUE TO THE LOT CONFIGURATION AND BECAUSE THE APPLICANT IS WITHIN THE SPIRIT OF THE ORDINANCE 4) Case No. 01-052 filed by Michael Klingl representing Home Depot Michael Klingl, representing Home Depot is requesting a variance to allow an expansion of an outdoor seasonal sales area, part of an existing Home Depot store. CITY OF NOVI, CODE OF ORDINANCES, Section 1401 "Principle Uses Permitted" and Section 1403.2 "Required Conditions" states that all businesses shall be conducted within a completely enclosed building. Proposed request is to allow an 11,086 square foot expansion of an outdoor seasonal sales area. MOTION: THAT IN CASE NO.’S 01-052 and 01-053 TO APPROVE THE APPLICANT’S REQUEST FOR OUTDOOR STORAGE AND PARKING SPACES BECAUSE THEY ARE WORKING WITHIN THE SPIRIT OF THE ORDINANCE AND IT IS NOT GOING TO HARM ANY SURROUNDING NEIGHBORS AND TO MAINTAIN CONTINUING JURISDICTION5) Case No. 01-053 filed by Michael Klingl representing Home Depot Michael Klingl, representing Home Depot is requesting a variance of fifty eight (58) parking spaces for the proposed expansion of the seasonal outdoor sales area located at Westmarket Square. Please note: Home Depot was granted a parking variance on December 7, 1999 for 85 spaces. CITY OF NOVI, CODE OF ORDINANCES, Section 2505, "Off Street Parking Requirements", Paragraph 14 (c) (1) requires one (1) parking space for every 192 square feet of gross leasable area. Proposed expansion of outdoor sales area is 11,086 square feet and requires an additional fifty eight (58) parking spaces. SEE PREVIOUS MOTION 6) Case No. 01-036 filed by Larry Ancypa representing Novi / Walled Lake Wastewater Treatment Plant Lawrence Ancypa of Hubbell, Roth and Clark is requesting a building height variance of 1.5 feet, the elimination of obscuring earth berms/plantings and walls along the east property line, the elimination of obscuring earth berms/plantings and walls along the north property line and the elimination of the four (4) foot greenspace and plantings along the north and east sides of the building. CITY OF NOVI, CODE OF ORDINANCES, Section 2503 "Accessory Uses", Paragraph (F) requires that no detached accessory building…shall exceed one (1) story or fourteen (14) feet in height. Proposed building height: 15.5 feet (Midpoint of roof) Required: 14 feet Variance: 1.5 feet CITY OF NOVI, CODE OF ORDINANCES, Section 2509.5 and 2509.6 requires obscuring earth berms/plantings and walls along the east property line. Applicant requests the elimination of the obscuring earth berms/plantings and walls along the east property line. CITY OF NOVI, CODE OF ORDINANCES, Section 2509.5 and 2509.6 requires obscuring earth berms/plantings and walls along the north property line. Applicant requests the elimination of the obscuring earth berms/plantings and walls along the north property line. CITY OF NOVI, CODE OF ORDINANCES, Section 2509.9 requires a minimum of a four (4) foot wide greenspace immediately adjacent to the building on all four (4) sides. Proposed plan indicates a five (5) foot sidewalk immediately adjacent to the building on the north and east. MOTION: THAT IN CASE NO. 01-036 TO APPROVE THE VARIANCE OF 1.5 FEET FOR THE HEIGHT OF THE BUILDING, TO ELIMINATE THE OBSCURING EARTH BERM AND PLANTING REQUIREMENTS ON THE PROPERTY LINE ON THE EAST AND NORTH, TO ELIMINATE THE FOUR (4) FOOT GREENSPACE AND PLANTING ON THE NORTH AND EAST SIDE OF THE BUILDING DUE TO THE FACT THAT IT IS AN EXCLUDED AREA AND THERE ARE NO NEIGHBORS OR AREAS FOR OBJECTION7) Case No. 01-046 filed by Paul Gobeille representing Signature Associates Paul Gobeille of Signature Associates is requesting a sign variance for vacant property located next to the I-96 freeway at 5022-15-126-016.
Area requested: 64 square feet Area permitted: 16 square feet Variance: 48 square feet Height requested: 10 feet Height permitted: 5 feet Variance: 5 feet MOTION: THAT IN CASE NO. 01-046 TO GRANT THE PETITIONER’S REQUEST FOR THE HEIGHT OF THE SIGN AND AREA FOR A PERIOD OF ONE YEAR FOR THE PURPOSE OF SELLING THE PROPERTY 8) Case No. 01-047 filed by Andy Kowal of 1185 South Lake Drive Andy Kowal is requesting a 5.92 foot side yard setback variance and a 3.5 foot rear yard setback variance for the construction of a 240 square foot detached accessory structure to be located at 1185 South Lake Drive. Required side yard setback: 6 feet Proposed: 0.08 feet Variance: 5.92 feet Required rear yard setback: 6 feet Proposed: 2.50 feet Variance: 3.50 feet MOTION: THAT IN CASE NO. 01-047 TO DENY THE APPLICANT’S REQUEST FOR SIDE AND REAR YARD SETBACK VARIANCES DUE TO INSUFFICIENT HARDSHIP 9) Case No. 01-048 filed by Gregory Hudas representing Regency Centre Gregory Hudas representing Regency Centre Industrial Park is requesting permission to continue the use of an existing marketing sign that has expired. MOTION: THAT IN CASE NO. 01-048 TO GRANT THE APPLICANT’S REQUEST FOR AN EXTENSION OF A SIGN VARIANCE FOR ONE (1) YEAR DUE TO THE FACT THAT HAGGERTY ROAD HAS BEEN CLOSED FOR THREE MONTHS AND THERE WERE SOME MAJOR PROBLEMS WITH THE SITE CONSTRUCTION10) Case No. 01-049 filed by Eugene Puccio representing homeowners of 24425 Glenda Eugene Puccio of Portland Building Company is requesting a 552 sq. ft. variance to allow for the construction of a detached accessory building located at 24425 Glenda. Proposed aggregate floor area: 1402 sq. ft. (960 sq. ft. proposed + 442 sq. ft. existing) Allowable: 850 sq. ft. Variance: 552 sq. ft. APPLICATION WITHDRAWN 11) Case No. 01-056 filed by Roy Wilson of 44512 Copland Roy Wilson is requesting a twelve (12) foot rear yard variance to allow an addition to an existing structure located at 44512 Copland. The home experienced severe fire damage and is in process of reconstruction. Required rear yard setback: 35 feet Proposed: 23 feet Variance: 12 feet MOTION: THAT IN CASE NO. 01-056 TO APPROVE THE VARIANCE REQUEST OF TWELVE (12) FEET FOR THE REAR YARD SETBACK DUE TO THE FACT THAT THE HOME HAD SEVERE FIRE DAMAGE AND THE VARIANCE IS NOT TAKING THE HOME OR ITS ADDITIONS ANY FURTHER THAN IT HAS BEEN 12) Case No. 01-059 filed by Taylor Scott Architects representing The Great Indoors Christopher Goble of Taylor Scott Architects representing The Great Indoors is requesting variances for six signs to be located in the Fountain Walk development. SIGN 1 (Wall sign): Requested square feet: 407 sq. ft. Permitted: 40 sq. ft. Variance: 367 sq. ft. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states no building shall be allowed more than one (1) sign permitted. SIGN 2 (Wall sign): Requested square feet: 208 sq. ft. Permitted: 40 sq. ft. Variance: 168 sq. ft. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states no building shall be allowed more than one (1) sign permitted. SIGN 3 (Wall sign): Requested square feet: 133 sq. ft. Permitted: 40 sq. ft. Variance: 93 sq. ft. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states no building shall be allowed more than one (1) sign permitted. SIGN 4 (Wall sign): Requested square feet: 407 sq. ft. Permitted: 40 sq. ft. Variance: 367 sq. ft. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states no building shall be allowed more than one (1) sign permitted. SIGN 5 (Merchandise pick up sign): Square feet requested: 15.5’ Permitted: 2’ Variance: 13.5’ SIGN 6 (Illuminated window sign for Starbuck’s): CITY OF NOVI, CODE OF ORDINANCES, Section 28-8(14)b states "Business signs displayed through building glass area where such sign…is not illuminated. Applicant is seeking illuminated sign. MOTIONS: SIGN #1: THAT IN CASE NO. 01-059(1) TO APPROVE THE VARIANCE REQUEST FOR 367 SQUARE FEET SIGN #2: THAT IN CASE NO. 01-059(2) TO APPROVE THE VARIANCE REQUEST FOR 168 SQUARE FEET SINCE THE SIZE AND LOCATION MEETS THE SIZE OF THE BUILDING SIGN #3: THAT IN CASE NO. 01-059(3) TO APPROVE THE VARIANCE REQUEST FOR A 73 SQUARE FOOT WALL SIGN WHICH IS A VARIANCE OF 33 SQUARE FEET SIGN #4 THAT IN CASE NO. 01-059(4) TO APPROVE THE VARIANCE REQUEST FOR A 133 SQUARE FOOT WALL SIGN WHICH IS A VARIANCE OF 93 SQUARE FEET FOR EASTERLY IDENTIFICATION FOR THE SITE SIGN #5 THAT IN CASE NO. 01-059(5) TO APPROVE THE VARIANCE REQUEST FOR A 15.5 SQUARE FOOT MERCHANDISE PICK UP SIGN WITH A VARIANCE OF 13.5 SQUARE FEET SIGN #6 TABLED TO AUGUST MEETING
13) Case No. 01-060 filed by the City of Novi representing the 12 Mile GAP Tony Nowicki, Director of Public Service, representing the City of Novi is requesting five (5) variances for the properties located on Twelve Mile Road, east of Novi Road. The variance request is in conjunction with the Twelve Mile Road SAD improvement and is a direct result of the increase in Right of Ways (ROW) from sixty (60) feet to ninety (90) feet. Please refer to previous Case No.’s 01-051 and 01-026. A) 43233 Twelve Mile Road (Hagopian): CITY OF NOVI, CODE OF ORDINANCES, Section 2406, "Planned Development Options: (PD-3, now PD-2), Paragraph 6D requires a minimum of a seventy five (75) foot front yard setback. Required front yard setback: 75 feet Proposed: 70 feet Variance: 5 feet CITY OF NOVI, CODE OF ORDINANCES, Section 2406, "Planned Development Options", Paragraph 6D(2) requires a minimum of a twenty (20) foot front yard parking requirement. Required front yard parking setback: 20 feet Proposed: 18 feet Variance: 2 feet CITY OF NOVI, CODE OF ORDINACES, Section 2509, Paragraph (c), "Landscape Planting Buffers Abutting a Right of Way" requires a twenty (20) foot wide landscaped buffer area. Required landscape buffer area: 20 feet Proposed: 18 feet Variance: 2 feet B) 43025 Twelve Mile Road (Verizon Wireless) CITY OF NOVI, CODE OF ORDINANCES, Section 2406, "Planned Development Options: (PD-3, now PD-2), Paragraph 6D requires a minimum of a seventy five (75) foot front yard setback. Required front yard setback: 75 feet Proposed: 70 feet Variance: 5 feet C) 42845 Twelve Mile Road (Ethan Allen Home Interiors) CITY OF NOVI, CODE OF ORDINANCES, Section 2406, "Planned Development Options: (PD-3, now PD-2), Paragraph 6D requires a minimum of a seventy five (75) foot front yard setback. Required front yard setback: 75 feet Proposed: 65 feet Variance: 10 feet D) 42665 Twelve Mile Road (McDonald’s) CITY OF NOVI, CODE OF ORDINANCES, Section 2406, "Planned Development Options", Paragraph 6D(2) requires a minimum of a twenty (20) foot front yard parking requirement. Required front yard parking setback: 20 feet Proposed: 1 foot Variance: 19 feet CITY OF NOVI, CODE OF ORDINACES, Section 2505, "Off Street Parking Requirements", Paragraph (c)(7) requires the minimum number of parking spaces for a fast food restaurant. NOTE: There were 97 spaces provided prior to the increased ROW, 17 spaces lost, 2 were added. Required parking spaces: 83 spaces Proposed: 82 spaces Variance: 1 space CITY OF NOVI, CODE OF ORDINACES, Section 2509, Paragraph (c), "Landscape Planting Buffers Abutting a Right of Way" requires a twenty (20) foot wide landscaped buffer area. Required landscape buffer area: 20 feet Proposed: 0 feet Variance: 20 feet E) 41935 Twelve Mile Road (Redfern Investments – DMC) CITY OF NOVI, CODE OF ORDINANCES, Section 2406, "Planned Development Options", Paragraph 6D(2) requires a minimum of a twenty (20) foot front yard off street parking requirement. Required front yard parking setback: 20 feet Proposed: 0 feet Variance: 20 feet CITY OF NOVI, CODE OF ORDINACES, Section 2509, Paragraph (c), "Landscape Planting Buffers Abutting a Right of Way" requires a twenty (20) foot wide landscaped buffer area.
Required landscape buffer area: 20 feet Proposed: 0 feet Variance: 20 feet MOTION: THAT IN CASE NO. 01-060 TO GRANT THE PETITIONER’S REQUEST FOR THE PURPOSE OF EXPANDING 12 MILE ROAD OTHER MATTERS 1) Amend by laws to include time limit of speeches Chairperson Reinke stated that he had attended the City of Wixom meeting and asked Sarah Marchioni to read the Rules of Procedure that they had adopted. The Chair asked Ms. Marchioni to provide the same language on the next agenda. Cindy Gronachan suggested posting the information on the City’s website. 2) August meeting Sarah Marchioni explained that the meeting in August would not be until the 14th because originally elections were scheduled. However, there are no elections but someone had already reserved the Council Chambers for the 7th. 3) Audience participation Don Saven expressed a concern regarding when people are at the podium and someone shouts something from the audience without being identified. 4) Packets Member Gray thanked Ms. Marchioni for receiving the packets so early, it was very helpful. She found some of the locations of the cases a little difficult to find and asked for better directions. She hopes that the court reporter is going to work out and she thanked Mr. Schultz for the wonderful job on the Ten Mile and Beck case. Meeting adjourned at 11:15 p.m.
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