ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, February 5, 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

Absent: Member Fannon (excused)

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.

There will be further consideration of Karl Wizinsky’s appeal, Case No. 01-095 in light of City Council’s discussion and motion regarding Novi Promenade’s Consent Judgment.

Karl Wizinsky, residing at 26850 Wixom Road appealed the decision of the Planning Commission regarding the Preliminary Site Plan approval of the Novi Promenade project. This appeal was based upon the Novi Code of Ordinances, Section 2509, Paragraph 6, "Requirements for Earth Berms and Walls."

MOTION: THAT IN CASE NO. 01-095 TO RESCIND THE RECOMMENDATION TO SEND THE ISSUE BACK TO THE PLANNING COMMISSION THAT THE BOARD TOOK ON JANUARY 8, 2002

MOTION: THAT IN CASE NO. 01-095 TO DENY THE REQUESTED RELIEF AS THE APPLICANT HAD ASKED FOR REASONS THAT THE CONSENT JUDGMENT MAKES PROVISION FOR A SIX FOOT BERM AND THE MEASUREMENT OF THE BERM IS DONE BY CLEAR LANGUAGE CONSISTENT WITH ACTION BY THE PLANNING COMMISSION

Gina Blazo of All Star Gymnastics is requesting a sign variance to allow a directional sign to be erected in the city right-of-way at the corner of the Novex One Industrial Park, which is located at Nine Mile Road and Heslip.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-11(a) states:

"A sign not expressly permitted is prohibited."

Vaselj Kaljevic is requesting three (3) dimensional variances for the construction of a new home for the property located at Lot 29, Cenaqua Shores Subdivision, sidwell 5022-02-359-012. The applicant is requesting two side yard setback variances consisting of a northeast side yard variance of three feet ten inches and a southwest side yard variance of seven (7) feet. Applicant is also requesting a rear yard variance of eight (8) inches. Note: The aggregate total of the required side yards must be twenty five (25) feet.

CITY OF NOVI, CODE OF ORDINANCES, Article 24, Section 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with a minimum aggregate of two side yards of twenty five (25) in an R-4 Zoning District.

(North) Minimum side yard setback: 10 feet

Proposed side yard setback: 6 feet, 2 inches

Variance: 3 feet, 10 inches

Result of minimum aggregate total of twenty five (25) feet of two side yards:

(South) Minimum side yard setback: 15 feet

Proposed side yard setback: 8 feet

Variance: 7 feet

CITY OF NOVI, CODE OF ORDINANCES, 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 rear yard setback: 34 feet, 4 inches

Fabio Cervi, representing Broadmoor Park is requesting an extension of one (1) year for an existing trailer located at 24031 Broadmoor Park Lane.

CITY OF NOVI, CODE OF ORDINANCE, Section 3004 "Temporary Use Permits" states:

"Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed twelve (12) months with the granting of twelve (12) month extensions being permissible…"

MOTION: THAT IN CASE NO. 02-002 TO GRANT A THREE (3) MONTH EXTENSION AND TO CLEAN AND MAINTAIN THE SITE DURING THAT TIME PERIOD

Christopher Goble of Taylor Scott Architects, representing the Great Indoors is requesting a sign variance to enlarge the existing easterly sign. The Zoning Board of Appeals had previously granted a variance of ninety three (93) square feet on July 17, 2001 for a one hundred thirty three (133) square foot wall sign on the east side.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)ii.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 sixty five (65) square feet."

Requested: 407 square feet

Permitted: 40 square feet

James Cox is requesting a 9.1 foot dimensional side yard variance for the construction of an additional attached garage for the property located at 44450 Sussex Drive, sidwell 5022-22-328-003. The applicant’s request abuts a wooded area per plan.

CITY OF NOVI, CODE OF ORDINANCES, Article 24, Section 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with a minimum aggregate of two side yards of twenty five (25) feet in an R-4 Zoning District.

Result of minimum aggregate total of twenty five (25) feet of two side yards:

Required side yard setback: 15 feet

Proposed side yard setback: 5.9 feet

Variance: 9.1 feet

MOTION: THAT IN CASE NO. 02-004 TO GRANT THE APPLICANT’S REQUEST OF 9.1 FEET FOR THE SIDE YARD SETBACK DUE TO THE HARDSHIP, PECULIAR SHAPE OF THE LOT AND THE WOODED AREA AROUND IT. ALSO, THE VARIANCE WILL NOT IMPACT ANY OF THE NEIGHBORS. THE APPLICANT IS TO INCLUDE A SNOW FENCE AS RECOMMENDED BY THE CITY FORESTER.

Craig Klaver of the City of Novi is requesting a variance to delete the berm located on the north property line of the Ethan Allen Home Interiors Building located at 42845 Twelve Mile Road, sidwell number 5022-14-100-066. The variance is requested for the construction of the Twelve Mile Road SAD Improvement and is a direct result of the increased right-of-way and required grading permit.

CITY OF NOVI, CODE OF ORDINANCES, Section 2509, Paragraph 7c "Landscape Planting Buffers Abutting the Right of Way" requires a landscape planting buffer/berm adjacent to the right-of-way.

Proposed increased right-of-way will affect the existing three foot high berm along the north property line abutting Twelve Mile Road. Landscaping will be replaced to the existing condition.

MOTION: THAT IN CASE NO. 02-005 TO APPROVE THE DELETION OF THE BERM FOR ETHAN ALLEN DUE TO THE CITY IMPOSED HARDSHIP BECAUSE OF ROAD IMPROVEMENTS ON TWELVE MILE

Don Saven had distributed copies of the site plan for Fountain Walk to show the twenty five (25) foot building separation.

Don Saven stated that there would be road improvements on Grand River, which would result in non-conforming uses.

Member Reinke requested election of officers to be placed on the next agenda.

Member Gray asked what the status of the house was? Mr. Saven stated that they would be coming to the Zoning Board of Appeals next month.