REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, July 9, 2002 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

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

1. Each person desiring to address the Board shall state his / her name and address.
2. Individual persons shall be allowed five (5) minutes to address the Board, an extension of time may be granted at the discretion of the Chairperson.
3. There shall be no questioning by the audience of the persons addressing the Board; However, the Board members may question that person with recognition of the Chairperson.
4. No person shall be allowed to address the Board more than once unless permission is granted by the Chairperson.
5. One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Jeffrey Heyn of Planet Neon representing Too Chez Restaurant located at 27155 Sheraton Drive is requesting two (2) variances to add the verbiage of "Bistro" to the existing sign and to erect a second wall sign on the south elevation with the same verbiage.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)i.b. "Area Regulations – Wall Signs":

Requested: 101 square feet

Permitted: 40 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…"

Partenie Todor is requesting a variance to allow occupancy of an existing home during construction of a proposed new residence on the property located at 22001 Beck Road, sidwell 5022-32-200-016. The property is zoned RA, One Family Residential District. The proposed new home meets setback requirements for the new construction and all existing structures will be removed upon occupancy of the new home.

CITY OF NOVI, CODE OF ORDINANCE, Section 401, "Principal Uses Permitted", Paragraph (1) states that no building or land shall be used and no building shall be erected except for the following…One family detached dwellings.

Adriano Paciocco of Central Park LLC is requesting three (3) variances to allow the existing flagpole to remain at 47375 Central Park Boulevard.

CITY OF NOVI, CODE OF ORDINANCE, Section 2503.2.B. "Accessory Structures" states:

"Flagpoles may be located within any required front or exterior side yard. Such poles shall be located no closer to a public right-of-way than one half (1/2) the distance between the right-of-way and principal building."

CITY OF NOVI, CODE OF ORDINANCE, Section 2903 "Height Limit" states:

"The height limitations of this Ordinance shall not apply to farm buildings, chimneys, church spires, flagpoles…provided, however, that the Board of Appeals may specify a height limit for any such structure requires authorization as a conditional use and provided further that the height of any such structure shall not be greater than the distance to the nearest property line."

CITY OF NOVI, CODE OF ORDINANCE, Section 3003.4 "Permits" states:

"No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a building permit shall have been first issued for such work."

Charles Fosse of Wah Yee Associates is requesting an approval for a one year extension of ZBA Case No. 99-069 to coincide with Planning Commission approval for the Beechforest Office Park, located at 26999 Meadowbrook Road, sidwell number 5022-14-200-015. This case previously received an extension at the June 5, 2001 Zoning Board of Appeals meeting to allow a one year extension of a variance to coincide with the expiration of the final site plan approval.

The applicant is presently scheduled with the Planning Commission on July 10, 2002 for a one year extension of the final site plan approval. The final site plan expires on August 28, 2002.

Gerald Attee of Picasso Café is requesting a variance to allow outdoor seating on a brick paver patio located within the front yard of the Grand Oaks Centre. Picasso Café is a restaurant use whose location is at 39915 Grand River (the northern most unit) and is located in a NCC Zoning District. The applicant is requesting seasonal outdoor seating of three tables and twelve chairs from the date of the meeting until October 31, 2002.

CITY OF NOVI, CODE OF ORDINANCE, Section 901, "Principle Permitted Uses", Paragraph 4(a) allows for a sit down restaurant in a NCC District and "…there shall not be permitted any of the following types of restaurants: drive in, fast food carry out, fast food sit down or fast food drive through."

CITY OF NOVI, CODE OF ORDINANCE, Section 2503, "Accessory Uses", Paragraph 2a states:

"Accessory structures shall be located in the rear yard and shall meet the setback requirements of an accessory building."

Zolykha Niksimaee of Arnim Associates, Inc. is requesting a 7.4 foot rear yard setback variance for the construction of a proposed Florida room addition located at 45821 Ashford Circle, Windridge Subdivision. The property is zoned R-3.

CITY OF NOVI, CODE OF ORDINANCE, Section 2400, "Schedule of Regulations" requires a minimum of a thirty five (35) foot rear yard setback.

Required rear yard setback: 35 feet

Proposed: 27.6 feet

Chris & Linda Postma are requesting a 24.5 foot rear yard setback variance for construction of a second story addition over an existing home located at 905 Lemay. The property is zoned R-4.

CITY OF NOVI, CODE OF ORDINANCE, Section 2400, "Schedule of Regulations" requires a minimum of a thirty five (35) foot rear yard setback.

Required rear yard setback: 35 feet

Proposed: 10.5 feet

Andrew Dietrich of 911 Lemay is requesting a variance to allow the existing fence on the southern side of the property to exceed the maximum height per Ordinance. The property is zoned R-4.

CITY OF NOVI, CODE OF ORDINANCE, Section 2515.1.a(1) "Fences" states:

"Fences on all lots of record in all residential districts, which enclose property and/or are within a required side yard…shall not exceed six feet (6’) in height…"

Allowed: 6 feet

Proposed: 8 feet, 5 inches

Variance: 2 feet, 5 inches

Walter Stone is requesting an interpretation or use approval for a Sundry Shop to be located at 39500 High Pointe Boulevard (Summit Pointe). The property is zoned OSC and the Sundry Shop is less than 600 square feet in area. The applicant is appealing the city’s interpretation that the use be considered a "Principle Use Permitted Subject to Special Conditions."