| View Action Summary for this meeting View Minutes for this meeting REGULAR MEETING – ZONING BOARD
OF APPEALS – CITY OF NOVI Roll call Members Bauer, Brennan, Gray, Gronachan, Sanghvi and Reinke Rules of Conduct:
Approval of Agenda Approval of Minutes Public Remarks 1) Case No. 02-061 filed by SR Jacobson for 45588 South Lake Drive SR Jacobson Development Co. is requesting a temporary variance to maintain the construction of a fence within the front yard to control pedestrian traffic for the two models located on lots 129 and 130 (45588 and 45580 South Lake Drive) in the Bristol Corners Subdivision. CITY OF NOVI, CODE OF ORDINANCES, Section 2515, Paragraph 1a (2) which states that fences in all lots of record in all residential districts…shall not extend toward the front of the lot nearer than the minimum front yard setback distance. The applicant is requesting a temporary variance to maintain the existing fence within the front yard for the two models at 45588 and 45580 South Lake Drive. 2) Case No. 02-063 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 located at 1280 East Lake Drive. The applicant is requesting a four (4) foot north side yard setback variance, a ten (10) foot south side yard setback variance and a combined side yard setback variance of fourteen (14) feet. The applicant has previously been before the Zoning Board of Appeals and is providing a new request. Please note: The garage in the rear has been demolished. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" states that there be a ten (10) foot minimum side yard setback with a combined total of both side yards equaling twenty five (25) feet in an R-4 Zoning District. Required side yard setback (North): 10 feet Proposed: 6 feet Variance: 4 feet Required side yard setback (South): 15 feet Proposed: 5 feet Variance: 10 feet Required setback (both sides): 25 feet Proposed: 11 feet Variance: 14 feet 3) Case No. 02-067 filed by VIP Tire and Auto at 48705 Grand River Kenneth Valentine is requesting a use variance to allow the continued storage of licensed and unlicensed vehicles awaiting repair at VIP Tire and Auto located at 48705 Grand River. The property is zoned B-3. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 1501 "Principle Uses Permitted" states that no building or land shall be used and no building shall be erected except for one or more of the following specified uses (outlined in paragraphs 1 – 8 available for review) unless otherwise provided in this Ordinance. CITY OF NOVI, CODE OF ORDINANCE, Section 1501, Paragraph 1 states that any retail business or service establishment permitted in B-1 and B-2 Districts as Principle Uses Permitted and Uses Permitted Subject to Special Conditions and subject to the restrictions therein. CITY OF NOVI, CODE OF ORDINANCE, Section 1403.2 states that all business, servicing or processing, except for off street parking and loading/unloading, shall be conducted within completely enclosed buildings. VIP Tire and Auto is requesting a use variance to maintain outdoor storage of licensed and unlicensed vehicles awaiting repair. 4) Case No. 02-076 filed by Don Henry of Tomco Fabricating, Inc. at 25155 Haggerty Don Henry of Tomco Fabricating, Inc. is requesting a use variance to allow outdoor storage in an I-1 Light Industrial Zoning district for the property located at 25155 Haggerty Road. The property was zoned I-2 which permitted outdoor storage related to the business use only and required an eight (8) foot high obscuring wall around the property. CITY OF NOVI, CODE OF ORDINANCE, Article 19, Section 1905 "Required Conditions" states that all uses within an I-1 Zoning District shall be conducted within a completely enclosed building. The applicant is requesting to maintain the outdoor storage on his property. 5) Case No. 02-065 filed by Mick Bodrie of 305 Duana Mick Bodrie is requesting four variances for the construction of an attached garage located at 305 Duana. The applicant is requesting three side yard setback variances; a southeast side yard variance of 7.25 feet for the existing building, a northwest side yard variance of 13 feet for the attached garage and a 20.25 foot variance for the combined sum of the two sides. A 1.5% lot coverage variance is also being requested. Please note: the lot coverage variance requested is pending acknowledged proposed demolition of existing garage. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" states that a minimum side yard setback in an R-4 Zoning District is ten (10) feet with a combined total of twenty five (25) feet for both sides. Side yard setback required (southeast): 10 feet Proposed: 2.75 feet Variance: 7.25 feet Side yard setback required (northwest): 15 feet Proposed: 2 feet Variance: 13 feet Both sides (combined) required: 25 feet Proposed: 4.75 feet Variance: 20.25 feet CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" states that the maximum lot coverage in an R-4 Zoning District is twenty five (25) percent. Proposed lot coverage: 26.5 % Maximum allowed: 25 % Variance: 1.5% *Please note – the above variance request is based upon the removal of the existing detached garage. 6) Case No. 02-058 filed by Allied Signs, Inc. for Carrabba’s Italian Grill Arnold Randy Schmitt of Allied Signs, Inc. is requesting two (2) sign variances to erect two (2) wall signs for Carrabba’s Italian Grill located at 43455 West Oaks Drive. The variance requests are for the signs located on the side and rear elevations. Please note – the applicant is allowed the sign located on the front elevation per Ordinance. 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…" The applicant is requesting permission to erect a thirty (30) square foot illuminated wall sign on the side elevation. CITY OF NOVI, CODE OF ORDINANCE, Section 28-8(10) states: "Signs not exceeding two (2) square feet which contain only noncommercial messages including designation of rest rooms, telephone location, and direction of door openings." The applicant is requesting permission to erect a 5.88 square foot illuminated wall sign on the rear elevation with verbiage of "Carside Carry-out". 7) Case No. 02-077 filed by John Fricke representing Beechforest Office Park at 26999 Meadowbrook John Fricke of Signature Associates is requesting one (1) sign variance to erect a sixty four (64) square foot marketing ground sign for the project Beechforest Office Park located at 26999 Meadowbrook. Please note – the Planning Commission granted the applicant a one year extension of the final site plan on July 10, 2002. CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(1) states: Max permit duration or exemption – "Not to be issued prior to building permit…" The applicant is requesting permission to erect the sixty four (64) square foot sign prior to issuance of the building permit. 8) Case No. 02-078 filed by Tim Dwyer of 25202 Sullivan Lane Tim Dwyer is requesting a six (6) foot rear yard setback variance for the construction of a screened in porch enclosure located at 25202 Sullivan Lane. The applicant wishes to construct the screened in porch enclosure on the existing deck. The property is zoned R-4. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a thirty five (35) foot rear yard setback in an R-4 Zoning District. Required rear yard setback: 35 feet Proposed: 29 feet Variance: 6 feet
9) Case No. 02-079 filed by Daniel Hiller of Suburban Chrysler Jeep at 24315 Haggerty Daniel Hiller of Suburban Chrysler Jeep is requesting a sign variance to change the verbiage on the building located at 24315 Haggerty. The Zoning Board of Appeals granted a variance on May 2, 1995 for the signage and kept it under their continuing jurisdiction. The existing verbiage is "Logo, Chrysler Plymouth" and "Logo, Jeep Eagle." The new verbiage is "Chrysler, Logo, Jeep" and "Suburban." The applicant is also requesting that the Board remove the condition of continuing jurisdiction from his variance. 10) Case No. 02-080 filed by April Scott representing Jessie Farkas, prospective buyer of Lots 70 & 71 in Idlemere Park April Scott representing Jessie Farkas, prospective buyer is requesting a rear yard setback variance of 13.33 feet, a front yard setback variance of 12.33 feet and a north side yard setback variance of two (2) feet to place a manufactured single family home on lots 70 & 71 on Maudlin in Idlemere Park. The property is zoned R-4. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400, "Schedule of Regulations" states that the minimum rear yard setback is thirty five (35) feet, the minimum front yard setback is thirty (30) feet and that there be a ten (10) foot minimum side yard setback with a combined total of both side yards equaling twenty five (25) feet in an R-4 Zoning District. Required rear yard: 35 feet Proposed: 21.67 feet Variance: 13.33 feet Required front yard: 30 feet Proposed: 17.67 feet Variance: 12.33 feet Required side yard (North): 10 feet Proposed: 8 feet Variance: 2 feet 11) Case No. 02-081 filed by Sign Art representing Charter One Bank (formerly First Federal of Michigan Bank) at 41400 West 10 Mile Road Tracy Durek of Sign Art representing Charter One Bank is requesting two (2) sign variances to erect a 27.13 square foot wall sign to be located at 41400 W. 10 Mile Road. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3) states: "…no building or parcel of land shall be allowed more than one sign permitted under this section…" The applicant is requesting permission to erect a 27.13 square foot wall sign. CITY OF NOVI, CODE OF ORDINANCE, Section 28-14(b)(1) states: "A non conforming sign: Shall not be structurally altered so as to prolong the life of the sign or to change the shape, size, type of design of the sign…" The wall sign is a nonconforming sign since it violates Section 28-6(3) so to change the copy of the sign would be in conflict with Section 28-14(b)(1). 12) Case No. 02-082 filed by Stan Szczygiel of 23782 Cranbrooke Drive Stan Szczygiel is requesting two (2) side yard setback variances for the construction of an addition to their home located at 23782 Cranbrooke Drive. The applicant is requesting a six (6) foot side yard setback variance on the northwest side of the home and a six (6) foot combined side yard setback variance for the total of the two sides. Please note: A ten (10) foot minimum setback is being maintained on the northeast side of the home where the additions are proposed. The property is zoned R-4. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a combined side yard setback of twenty five (25) feet with a minimum side yard setback of ten (10) feet on one side with fifteen (15) feet for the other side. Required side yard setback (other side): 15 feet Existing side yard setback: 9 feet Variance: 6 feet Required combined side yard setbacks: 25 feet Proposed: 19 feet Variance: 6 feet 13) Case No. 02-083 filed by John Carroll representing Novi Party Store at 43025 Grand River John Carroll of Carroll Installations representing Novi Party Store is requesting one (1) sign variance to erect a sixty five (65) square foot illuminated wall sign on the east elevation at 43025 Grand River. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3) states: "…no building or parcel of land shall be allowed more than one sign permitted under this section…" The applicant is requesting permission to erect a sixty five (65) square foot wall sign with verbiage of Novi Party Store, Beer, Wine, Lotto.
14) Case No. 02-084 filed by John Hall at 145 Buffington John Hall is requesting a two (2) foot front yard setback variance and a two (2) foot side yard setback variance for the construction of a covered porch addition located at 145 Buffington. The property is zoned R-4. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a thirty (30) foot front yard setback and a ten (10) foot minimum side yard setback in an R-4 Zoning District. Required front yard setback: 30 feet Proposed: 28 feet Variance: 2 feet Required side yard setback (minimum): 10 feet Proposed: 8 feet Variance: 2 feet 15) Case No. 02-085 filed by John Richards Homes Construction representing homeowner at 20970 Turnberry Boulevard Jeff Dotson of John Richards Homes Construction is requesting an interpretation/variance to Section 301, Paragraph (1) of the City of Novi Code of Ordinance "Principal Uses Permitted – One Family Dwellings." The applicant is requesting a favorable interpretation/variance to allow construction of an attached guest house on the property. The guest house will be attached to the principal building by a covered walkway. CITY OF NOVI, CODE OF ORDINANCE, Section 301, Paragraph (1) states that…no building shall be erected except for one of more of the following uses…(Paragraph 1 – One Family Dwellings). The applicant is requesting to construct a guest house attached to the principal building. 16) Case No. 02-086 filed by Multi Building Co. representing homeowners of 40720 Eight Mile Road Dean Masciulli of Multi Building Co. representing the homeowner is requesting a fifty one hundred (5,100) square foot variance to allow construction of a two level attached garage located at 40720 Eight Mile Road. The property is zoned RA. CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 1 (G) states that an accessory building in an RA Zoning District that has at least one acre of property and is customarily incidental to a principal permitted use shall not exceed two thousand five hundred (2,500) square feet.
Proposed accessory structure: 7,600 square feet Maximum allowed: 2,500 square feet Variance: 5,100 square feet
OTHER MATTERS
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