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View Minutes for this meeting REGULAR MEETING – ZONING BOARD OF APPEALS –
CITY OF NOVI Roll call Members Bauer, Brennan, Fannon, Gray, Gronachan, Sanghvi and Reinke Rules of Conduct:
Approval of Agenda Approval of Minutes – March 5, 2002 and April 2, 2002 Public Remarks 1) Case No. 02-011 filed by Joe Nutting of 621 South Lake Drive Joe Nutting is requesting a rear yard setback variance of six feet, six and one half inches (6’ 6 ½") for the construction of a new home located at 621 South Lake Drive. The property contains an existing home with a detached garage. The applicant has previously been before the Board for five (5) variances and has since redesigned his home whereby requiring only one variance. The property is zoned R-4. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum rear yard setback of thirty five feet. Required rear yard setback: 35 feet Proposed: 28 feet, 5 ½ inches Variance: 6 feet, 6 ½ inches 2) Case No. 02-019 filed by Carl Engling of 1389 East Lake Drive Carl Engling is requesting four (4) variances for the renovation of an existing home at 1389 East Lake Drive. The property contains an existing home with bad foundation. The property had previously received variances before the Board at the October 4, 1994 meeting in Case No. 94-090. The variances requested are: a front yard setback variance of 15.75 feet, a side yard setback variance of 8 feet, a rear yard setback variance of 17.25 feet and a lot coverage variance of 13.5%. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a thirty (30) foot front yard setback, a twenty five (25) foot combined side yard setback, a thirty five (35) foot rear yard setback and a maximum of twenty five percent (25%) lot coverage. Required front yard setback: 30 feet Proposed: 14.25 feet Variance: 15.75 feet Combined both sides required: 25 feet Proposed: 17 feet Variance: 8 feet *Note – the property has an existing eleven (11) foot conforming setback on one side. Required rear yard setback: 35 feet Proposed: 17.25 feet Variance: 17.75 feet Maximum lot coverage: 25% Proposed: 38.5% Variance: 13.5% 3) Case No. 02-024 filed by Theresa Bileti-Skinner of Dinser’s Flowers & Greenhouse Theresa Bileti-Skinner representing Dinser’s Flowers & Greenhouse is requesting three (3) sign variances for a new sign to be located on Wixom Road, north of Ten Mile Road. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)a.3 "Placement" states: "Ground signs shall not be placed less than sixty three (63) feet from the centerline of a thoroughfare or collector street…Placement along all other roadways may be not nearer than fifteen (15) feet from the right-of-way line, nor less than one half (1/2) the required yard setback of the zoning district." Required setback based on 32 square foot sign: 64 feet Proposed: 39 feet Variance: 25 feet CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)a.2 "Height" states: "…all other ground signs shall not exceed a height of five (5) feet…" Allowed height: 5 feet Proposed: 7 feet Variance: 2 feet CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3) "Number of on-premises advertising signs permitted" states: "…no building or parcel of land shall be allowed more than one (1) sign permitted under this section…" Applicant is requesting permission to erect a thirty two (32) square foot ground sign. 4) Case No. 02-025 filed by Joseph Sutschek representing Carrabbas Italian Grill Joseph Sutschek of Ramco-Gershenson, Inc. is requesting four (4) setback variances and a parking space variance for the construction of a new Carrabbas Italian Grill located in West Oaks Shopping Center, sidwell numbers 5022-15-200-050 and 066. The applicant is seeking a; thirty eight (38) foot north setback variance, a fifty six (56) foot south setback variance, a seven (7) foot east setback variance, a seventy (70) foot west setback variance and a variance to omit forty six (46) parking spaces. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of one hundred (100) feet for all setbacks in an RC Zoning District. North setback requirement: 100 feet Proposed: 62.1 feet Variance: 37.9 feet South setback requirement: 100 feet Proposed: 44.2 feet Variance: 55.8 feet East setback requirement: 100 feet Proposed: 93.7 feet Variance: 6.3 feet West setback requirement: 100 feet Proposed: 30 feet Variance: 70 feet CITY OF NOVI, CODE OF ORDINANCE, Article 25, Section 2505 "Off Street Parking Requirements" requires one (1) parking space for each 192 square feet gross leasable area for developments under 400,000 square feet. Total number of parking spaces required for shopping center: 1,192 spaces Proposed: 1,146 spaces Variance: 46 spaces
5) Case No. 02-026 filed by Timothy Stoepker representing Jaguar of Novi Timothy Stoepker, attorney for Jaguar of Novi is requesting three (3) variances to erect one wall sign (Sign A) and one directional sign (Sign B). Sign A had been previously approved at the November 5, 2001 meeting. However, the applicant would like to move it from the east side of the building to the north side. Sign A: CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)i.b states: "A wall sign displayed on a building occupied by one (1) business shall not exceed one (1) square foot of signage for each three (3) feet of setback from the centerline of the nearest adjacent thoroughfare…" Permitted based on lineal frontage: 40 square feet Proposed: 61 square feet Variance: 21 square feet CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3) states: "…no building or parcel of land shall be allowed more than one (1) sign permitted under this section…" Applicant is requesting permission to erect a 61.02 square foot wall sign. Sign B: CITY OF NOVI, CODE OF ORDINANCE, Section 28-8(12) states: "…One (1) ground pole sign per entrance not to exceed three (3) square feet in area and six (6) feet in height may be located within the minimum setback area." Permitted: 3 square feet Proposed: 7 square feet Variance: 4 square feet 6) Case No. 02-027 filed by Richard Tanielian of 1280 East Lake Drive Richard Tanielian is requesting three (3) side yard setback variances for the construction of a new home with attached garage at 1280 East Lake Drive, sidwell number 5022-02-151-022. The applicant is requesting a five (5) foot side yard setback variance on one side and a ten (10) foot side yard setback variance on the other side, resulting in a fifteen (15) foot combined side yard setback variance for both sides. The property contains an existing detached garage proposed to be removed and is zoned R-4. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a ten (10) foot side yard setback on one side and a fifteen (15) foot side yard setback on the other side with a combined total of twenty five (25) feet for both sides.
Required side yard setback (minimum): 10 feet Proposed: 5 feet Variance: 5 feet Required side yard setback (other side): 15 feet Proposed: 5 feet Variance: 10 feet Required side yards combined: 25 feet Proposed: 10 feet Variance: 15 feet 7) Case No. 02-028 filed by John Prieur representing Vans Skatepark (Fountain Walk) John Prieur of Metro Detroit Signs representing Vans Skatepark is requesting one variance to erect a wall sign at the Fountain Walk development. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)i.a. states: "A wall sign displayed on a building occupied by two (2) or more businesses shall not exceed twenty four (24) square feet, or one (1) square foot of signage for every two (2) lineal feet of business frontage to a maximum of forty (40) square feet." Permitted: 40 square feet Proposed: 204 square feet Variance: 164 square feet 8) Case No. 02-029 filed by William Richard Curtis of 101 Penhill William Richard Curtis is requesting a 12.56 foot front yard projection variance for the construction of an uncovered porch located at 101 Penhill. The property is located on a corner lot and is zoned R-4. CITY OF NOVI, CODE OF ORDINANCE, Section 2907 "Porches, Decks" states that an open, unenclosed and uncovered porch or paved terrace may project into a required front yard setback for a distance not exceeding four (4) feet. Proposed projection into front yard: 16.56 feet Maximum allowed: 4.00 feet Variance: 12.56 feet 9) Case No. 02-031 filed by Carl Slemer representing Cinema Hollywood (Fountain Walk) Carl Slemer representing Cinema Hollywood/Emagine is requesting three (3) sign variances to erect two (2) illuminated wall signs at the Fountain Walk development. Please note that the square footage is the exact same for both signs. The applicant needs two variances for the square footage and one variance for the additional sign. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)i.b states: "A wall sign displayed on a building occupied by one (1) business shall not exceed one (1) square foot of signage for each three (3) feet of setback from the centerline of the nearest adjacent thoroughfare…and not greater than two hundred fifty (250) square feet…" Requested: 361 square feet Permitted (based on 278’ of setback as measured from Cabaret Drive): 92.5 square feet Variance: 268.5 square feet CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3) states: "…no building or parcel of land shall be allowed more than one (1) sign permitted under this section…" Applicant is requesting permission to erect a 361 square foot illuminated wall sign. 10) Case No. 02-032 filed by Emanuel Malles II of 135 North Haven Emanuel Malles II is requesting three (3) variances for the construction of two additions to his home at 135 North Haven. The applicant is requesting a thirteen (13) foot front yard setback variance, a five (5) foot side yard setback variance (west side) and a four (4) foot separation distance variance between the principle structure and the accessory building. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a thirty (30) foot front yard setback requirement and a ten (10) foot minimum side yard setback requirement in an R-4 Zoning District. Required front yard setback: 30 feet Proposed: 17 feet Variance: 13 feet Required side yard setback (minimum): 10 feet Proposed: 5 feet Variance: 5 feet CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 1(d) states that no detached accessory structure shall be located no closer than ten (10) feet to any main building. Required separation distance: 10 feet Proposed: 6 feet Variance: 4 feet
11) Case No. 02-033 filed by Zachrey Hartt representing CVS Warehouse Zachrey Hartt is requesting a twenty (20) foot front yard setback variance and a seven (7) foot side yard setback variance for relocation of the Security Guardhouse located at the CVS Warehouse, 43800 Genmar Drive. The property is zoned I-1. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a front yard setback of forty (40) feet and a side yard setback of twenty (20) feet in an I-1 Zoning District. Required front yard setback: 40 feet Proposed: 20 feet Variance: 20 feet Required side yard setback: 20 feet Proposed: 13 feet Variance: 7 feet 12) Case No. 02-034 filed by Mark Karinen of 49550 Nine Mile Road Mark Karinen is requesting a 4.3 foot front yard setback variance and a 128 square foot variance for the maximum allowable square footage for the construction of an attached garage located at 49550 Nine Mile Road. The property is zoned RA. Please note that the applicant indicated that the two sheds would be removed. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a forty five (45) foot front yard setback in an RA Zoning District. Required front yard setback: 45 feet Proposed: 40.7 feet Variance: 4.3 feet CITY OF NOVI, CODE OF ORDINANCE, Section 2503, "Accessory Uses" states that the maximum square footage of all accessory structures in an RA Zoning District is 1000 square feet. Maximum allowable: 1000 square feet Proposed: 1128 square feet Variance: 128 square feet 13) Case No. 02-035 filed by Lee Mamola representing Collex Collision - Omni Auto Center Lee Mamola is requesting a use permit amendment to ZBA Case 93-067, which would permit a six thousand (6,000) square foot expansion of the existing Collex Collision facility. This facility has been approved at a ZBA meeting held on September 7, 1993. The project will still be required to go through the planning process. The applicant is proposing a six thousand (6,000) square foot addition to the existing facility. The proposed expansion is specifically designed to include overnight storage areas. Collex is seeking to comply with all ordinances and requirements, including the previous mandate not permitting outdoor storage, in order to do so requires the previously granted use variance be amended to include the addition. 14) Case No. 02-036 filed by John Kozlowski of 45144 Nine Mile Road John Kozlowski is requesting a 1.13 foot height variance and a 1,032 total square foot variance for the construction of a new garage (672 sq. ft.) to be located at 45144 Nine Mile Road. The property is zoned R-3 with 87,200 square feet of property. Please note that the owner is to demolish the 680 square feet of existing accessory structures. CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 1(F) states that the maximum height of an accessory structure shall not exceed one (1) story or fourteen (14) feet in height. Proposed height of accessory structure: 15.13 feet (Mean average of roof) Maximum required: 14 feet Variance: 1.13 feet CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 1(G) states that the maximum sum total of all accessory buildings on site in an R-3 Zoning District shall not exceed 850 square feet. Proposed square footage of all accessory structures: 1,882 square feet Maximum required in R-3 District: 850 square feet Variance: 1,032 square feet
OTHER MATTERS 1) Conferences and workshops
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