| View Agenda for this meeting View Minutes for this meeting ACTION SUMMARY Roll call Members Bauer, Brennan, Gray, Gronachan, Sanghvi and Reinke Rules of Conduct:
Approval of Agenda – approved as presented Approval of Minutes Public Remarks - none 1) Case No. 02-037 filed by Scott Salzeider representing homeowners of 41249 Scarborough Lane Singh Homes LLC is requesting an eight (8) foot rear yard setback variance for the construction of a new home located on lot 45, 41249 Scarborough Lane, Willowbrook Farms Subdivision #2. The property is located in an R-4 Zoning District. 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: 27 feet Variance: 8 feet MOTION: THAT IN CASE NO. 02-037 TO DENY THE VARIANCE REQUEST OF EIGHT (8) FEET DUE TO LACK OF PRACTICAL DIFFICULTY
2) Case No. 02-038 filed by Scott Salzeider representing homeowners of 24558 Ackert Court Singh Homes LLC is requesting an eleven (11) foot rear yard setback variance for the construction of a new home located on lot 73, 24558 Ackert Ct., Willowbrook Farms Subdivision #2. The property is located in an R-4 Zoning District. 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: 24 feet Variance: 11 feet MOTION: THAT IN CASE NO. 02-038 TO DENY THE VARIANCE REQUEST OF ELEVEN (11) FEET DUE TO LACK OF PRACTICAL DIFFICULTY 3) Case No. 02-039 filed by Scott Salzeider representing homeowners of 41338 Scarborough Lane Singh Homes LLC is requesting a five (5) foot rear yard setback variance for the construction of a new home located on lot 56, 41338 Scarborough Lane, Willowbrook Farms Subdivision #2. The property is located in an R-4 Zoning District and a corner lot. 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: 30 feet Variance: 5 feet CASE TABLED TO JULY 9, 2002 MEETING 4) Case No. 02-040 filed by Jon Grayson of 175 Pickford Jon Grayson is requesting two (2) variances for the construction of an addition to an existing home located at 175 Pickford. The applicant is requesting a 10.1 foot front yard setback variance and a five (5) percent lot coverage variance. The property is zoned R-4. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a thirty (30) foot front yard setback.
Required front yard setback: 30 feet Proposed (including covered porch): 19.9 feet Variance: 10.1 feet CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" allows a maximum of twenty five (25) percent lot coverage. Proposed lot coverage: 30% Maximum lot coverage: 25% Variance: 5% MOTION: THAT IN CASE NO. 02-040 TO APPROVE THE VARIANCES REQUESTED BECAUSE HE HAS DEMONSTRATED THAT THERE WILL BE NO FURTHER INCREASE INTO THE FRONT YARD SETBACK 5) Case No. 02-041 filed by Robert Barnett of Library Sports Pub Robert Barnett of Library Sports Pub is requesting a variance to allow for temporary outdoor seating for property located at 42100 Grand River Avenue from the date of the meeting through September 30, 2002. The applicant would like to request the variance for a length of three years. Refer to ZBA Case Numbers 96-020, 97-023, 98-022 and 00-023. NOVI CITY CODE, SECTION 1501.2 "PRINCIPAL USES PERMITTED", states: "Any retail business or service establishment permitted in B-1 and B-2 Districts as principal Uses Permitted and Uses Permitted subject to special conditions and subject to the restriction therein." NOVI CITY CODE, SECTION 1401 "PRINCIPAL USES PERMITTED", states: "…no building or land shall be used…except for one or more of the following specified uses…2.a. Any retail business whose principal activity is the sale of merchandise in an enclosed building…" MOTION: THAT IN CASE NO. 02-041 TO GRANT THE APPLICANT’S REQUEST FOR TEMPORARY OUTDOOR SEATING FROM MAY 1, 2002 THRU SEPTEMBER 30, 2002, MAY 1, 2003 THRU SEPTEMBER 30, 2003 AND MAY 1, 2004 THRU SEPTEMBER 30, 2004. THIS VARIANCE WILL BE UNDER CONTINUING JURISDICTION. 6) Case No. 02-042 filed by William Oliver of 2009 West Lake Drive William & Gina Oliver are requesting three (3) side yard setback variances and one lot coverage variance for the construction of a new home located at 2009 West Lake Drive. The property is zoned R-4 and the existing home on the property is to be demolished. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a ten (10) foot setback with a twenty five (25) foot total for both side yards. (North) Required minimum side yard: 10 feet Proposed: 4.8 feet Variance: 5.2 feet (South) Required minimum side yard: 15 feet Proposed: 4.8 feet Variance: 10.2 feet Required combined sides: 25 feet Proposed: 9.6 feet Variance: 15.4 feet CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" allows a maximum of twenty five (25) percent lot coverage. Proposed lot coverage: 26% Maximum allowed: 25% Variance: 1% MOTION: THAT IN CASE NO. 02-042 TO APPROVE THE VARIANCES AS REQUESTED WITH THE AGREEMENT THAT THE LAKE FRONT WALL SHOULD BE EVEN WITH THE HOUSE TO THE NORTH 7) Case No. 02-043 filed by Brent Canup of 47201 Glamorgan Brent Canup is requesting a variance for the construction of an accessory structure located at 47201 Glamorgan in the Pioneer Meadows Subdivision. The applicant is seeking a 1,050 square foot variance for the maximum allowable square footage of an accessory building. The property is zoned RA and less than an acre. The applicant will be removing the existing detached accessory structure. CITY OF NOVI, CODE OF ORDINANCE, Section 2503 "Accessory Uses", Paragraph 1G states that the sum total of all accessory structures located in an RA district shall not exceed 1000 square feet. Proposed accessory structure square feet (total) (includes 550 sq. ft. for attached garage): 2,050 square feet Maximum allowed (total): 1,000 square feet Variance: 1,050 square feet MOTION: THAT IN CASE NO. 02-043 TO GRANT THE APPLICANT’S REQUEST FOR SQUARE FOOTAGE BECAUSE OF UNUSUAL CIRCUMSTANCES OF THE POWER LINE AND OTHER ISSUES AS DESCRIBED 8) Case No. 02-044 filed by Lee Mamola representing Spartan Concrete Lee Mamola is requesting three (3) variances for the allowance of a silo to be constructed at Spartan Concrete Inc., located at 44922 Grand River. The applicant is seeking; a variance to allow an accessory structure to be placed within a side yard, a height variance of 24’2" and an interpretation that the proposed silo does not represent an expansion of a non-conforming use or alternatively a variance to permit construction of the silo. CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 2A states that an accessory structure shall be located in a rear yard and shall meet the setback requirements of an accessory building. The proposed silo is located within a side yard adjacent to an existing silo. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" states the maximum height of structures in an I-1 Zoning District is forty (40) feet. Proposed silo height: 64’2" Maximum structure height: 40’ Variance: 24’2" CITY OF NOVI, CODE OF ORDINANCE, Section 3104 "Jurisdiction" states that the Zoning Board of Appeals shall be empowered to act on matters where the Ordinance provides for an administrative review, interpretation, exception or special approval permit… The applicant is requesting an interpretation that the proposed silo does not represent an expansion of a non-conforming use. MOTION: THAT IN CASE NO. 02-044 TO GRANT THE VARIANCE REQUEST BECAUSE IT IS A NON-EXPANSION OF A NON-CONFORMING FUNCTION AND IS REQUIRED FOR HIS BUSINESS OPERATION 9) Case No. 02-045 filed by Nakia Shamany of Hershey’s Ice Cream Nakia Shamany of Hershey’s Ice Cream (fka Baskin Robbins) is requesting a variance to allow for temporary outdoor seating for property located at 39765 Grand River from the date of the meeting through September 30, 2002. The applicant would like to request the variance for a length of three years. Refer to ZBA Case Numbers 93-028, 94-042 and 96-019. NOVI CITY CODE, SECTION 1501.2 "PRINCIPAL USES PERMITTED", states: "Any retail business or service establishment permitted in B-1 and B-2 Districts as principal Uses Permitted and Uses Permitted subject to special conditions and subject to the restriction therein." NOVI CITY CODE, SECTION 1401 "PRINCIPAL USES PERMITTED", states: "…no building or land shall be used…except for one or more of the following specified uses…2.a. Any retail business whose principal activity is the sale of merchandise in an enclosed building…" MOTION: THAT IN CASE NO. 02-045 TO GRANT THE APPLICANT’S REQUEST FOR TEMPORARY OUTDOOR SEATING FROM MAY 1, 2002 THRU SEPTEMBER 30, 2002, MAY 1, 2003 THRU SEPTEMBER 30, 2003 AND MAY 1, 2004 THRU SEPTEMBER 30, 2004. THIS VARIANCE WILL BE UNDER CONTINUING JURISDICTION. 10) Case No. 02-046 filed by Sami Harb representing Kirkway Place Windmill Investment LLC is requesting an interpretation to "Net site area" for purposes of calculating permitted density in an R-1, One Family Development. The proposed development, Kirkway Place, has proposed thirty (30) homes on their site plan. The Planning Commission approved for twenty nine (29) homes. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" addresses unit density in an R-1 Zoning District. CITY OF NOVI, CODE OF ORDINANCE, Section 2403.3 addresses the overall permitted unit density. CITY OF NOVI, CODE OF ORDINANCE, Section 201 defines density as: "…the total number of dwelling units that may be placed on an acre of net site area." CITY OF NOVI, CODE OF ORDINANCE, Section 201 defines net site area as: "Area of land excluding identified wetlands or watercourses which are regulated by parts 301 or 303 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, or chapter 12, article V, of the Novi Code of Ordinances, but not excluding quality wetland less than two (2) acres regulated by such laws." Windmill Investment LLC is therefore requesting an interpretation to allow the right of way owned by the petitioner to be included in determining the density permitted in the R-1 Zoning District. MOTION: THAT IN CASE NO. 02-046 TO GRANT THE INTERPRETATION AS THERE IS NO DEFINITE EXCLUSION IN THE ORDINANCE, AS IT IS WRITTEN AT PRESENT AND THAT THIS ISSUE SHOULD BE REVIEWED BY CITY COUNCIL AND IF NECESSARY, AMEND THE ORDINANCE. THIS INTERPRETATION WILL BE LIMITED TO THIS PETITIONER ONLY. 11) Case No. 02-047 filed by Caribou Coffee of 47490 Grand River Caribou Coffee is requesting a variance to allow for temporary outdoor seating for property located at 47490 Grand River in the Westmarket Square development from the date of the meeting through November 30, 2002. The applicant would like to request the variance for a length of three years. Please note that the approved site plan for Westmarket Square, East Outlot indicates a patio area.
NOVI CITY CODE, SECTION 1501.2 "PRINCIPAL USES PERMITTED", states: "Any retail business or service establishment permitted in B-1 and B-2 Districts as principal Uses Permitted and Uses Permitted subject to special conditions and subject to the restriction therein." NOVI CITY CODE, SECTION 1401 "PRINCIPAL USES PERMITTED", states: "…no building or land shall be used…except for one or more of the following specified uses…2.a. Any retail business whose principal activity is the sale of merchandise in an enclosed building…" MOTION: THAT IN CASE NO. 02-047 TO GRANT THE APPLICANT’S REQUEST FOR TEMPORARY OUTDOOR SEATING FROM APRIL 15, 2002 THRU OCTOBER 31, 2002 WITH THE STIPULATION THAT DON SAVEN WILL REVIEW THE ARRANGEMENT OF THE TABLE AND CHAIRS TO MAKE SURE THAT IT COMPLIES WITH THE CITY REQUIREMENTS. THIS VARIANCE WILL BE UNDER CONTINUING JURISDICTION. 12) Case No. 02-048 filed by Michael Kahm of Willowbrook Farms #3 Michael Kahm is requesting permission to erect a 23.3 square foot ground sign to be located at the entranceway to Willowbrook Subdivision #3. 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…" MOTION: THAT IN CASE NO. 02-048 TO GRANT THE APPLICANT’S REQUEST FOR A GROUND SIGN FOR THE PURPOSE OF IDENTIFICATION AND FOR MAKING IT EASIER FOR EMERGENCY VEHICLES 13) Case No. 02-049 filed by Donald Saven representing the City of Novi regarding property at 44911 Grand River Donald Saven, representing the City of Novi is requesting a 12.1 foot front yard setback variance for an existing structure located at 44911 Grand River, sidwell number 5022-15-351-015. The applicant is seeking this variance to accommodate the Grand River Road Improvement, which requires an increased right-of-way from 33 feet to 50 feet. The property is located in an I-1 Zoning District. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum front yard setback of forty (40) feet in an I-1 Zoning District. Required front yard setback: 40 feet Proposed: 27.9 feet Variance: 12.1 feet MOTION: THAT IN CASE NUMBERS 02-049 AND 02-050 TO APPROVE THE APPLICANT’S REQUEST FOR THE VARIANCES AS NOTED BECAUSE OF THE SPECIAL CIRCUMSTANCES OF THE GRAND RIVER ROAD IMPROVEMENTS 14) Case No. 02-050 filed by Donald Saven representing the City of Novi regarding properties at 46406 and 46410 Grand River Donald Saven, representing the City of Novi is requesting two (2) variances for the parking lot improvements at the properties known as 46406 and 46410 Grand River, sidwell number 5022-16-176-022. The applicant is seeking a nineteen (19) foot front parking setback variance and a variance to the landscape planting buffer abutting the right-of-way. The proposed parking lot is to be paved in conjunction with the Grand River Road Improvements. The property is zoned OST. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum front parking setback of twenty (20) feet in an OST Zoning District. Required front yard setback: 20 feet Proposed: 1 foot Variance: 19 feet CITY OF NOVI, CODE OF ORDINANCE, Section 2509, Paragraph 7 states that there shall be provided adjacent to the abutting right-of-way a minimum of a twenty (20) foot wide buffer area. Where adjacent to parking the buffer shall include an obscuring landscaped berm with a minimum height of thirty six (36) inches with a 3:1 slope and landscaping in accordance with Section 2509.7. The proposed parking lot improvement will require a variance to Section 2509.7 as there is only a one (1) foot setback from the proposed right-of-way to the parking lot and no berm provided. MOTION: THAT IN CASE NUMBERS 02-049 AND 02-050 TO APPROVE THE APPLICANT’S REQUEST FOR THE VARIANCES AS NOTED BECAUSE OF THE SPECIAL CIRCUMSTANCES OF THE GRAND RIVER ROAD IMPROVEMENTS OTHER MATTERS 1) Election of Vice-Chair Member Sanghvi was elected to the position of Vice-Chair of the Board. Member Gronachan was elected to the position of Secretary of the Board. 2) Discussion on portable signs The Board was questioning whether or not there is an Ordinance that deals with portable signs since there have been a lot erected lately. Mr. Saven stated that there is an Ordinance that does not allow them and he will notify Mr. Amolsch. The members of the Board could support a community event sign but if it is in front of a business then they should come to the Board. 3) Open position on the Zoning Board of Appeals Member Gronachan invited anyone that was watching and interested to apply to the City for the vacant position. 4) "See the Building Department for a permit" Mr. Saven asked the Board members not to use the phrase. The applicant needs to still apply for a building permit and they think that they have been granted approval for the permit as well as the variance. 5) Subdivisions – difficult lots Mr. Saven stated that when a builder goes to build a house and they have certain models to keep the same theme in the subdivision, it is difficult to change when they are preserving woodlands and wetlands. Member Reinke stated that the builder might have to use a little creativity in the plans. They can’t come in and say that it is the one house in their portfolio that has to fit on that lot. Member Gronachan stated that there are specific lot sizes and you know what size houses you are building. She needs to see other options to show that nothing else could be built on that lot.
Adjourned at 9:47 p.m.
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