REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, December 2, 2003 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

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

1. Please turn off pagers and cell phones during the meeting.
2. Each person desiring to address the Board shall state his / her name and address.
3. 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.
4. 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.
5. No person shall be allowed to address the Board more than once unless permission is granted by the Chairperson.
6. One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Approval of Minutes - October 7, 2003

John Karakian is requesting a second extension to Case 03-050, which was granted on July 8, 2003 for a front yard setback variance of 24.8 feet. The applicant had proposed the construction of a second story addition at his existing home located at 2450 Shawood Drive. The applicant had requested his first extension on September 9, 2003 for ninety (90) days and wishes to request an additional extension.

Robert Geracz is requesting a temporary use permit to allow an existing dwelling to remain on the property until construction of the new home is completed and occupancy is obtained. The property is located at 48800 Nine Mile Road, between Beck Road and Garfield Road, north of Nine Mile Road. The property is zoned RA.

CITY OF NOVI, CODE OF ORDINANCE, Section 3004, Paragraph 6a states that the granting of a temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.

Jeff Kasper of Planet Neon is requesting three (3) sign variances to erect three (3) signs at the ABC Warehouse store (fka Scott Shuptrine) located at 43606 West Oaks Drive in the West Oaks Shopping Center.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states: "….no building or parcel of land shall be allowed more than one (1) sign permitted under this section.."

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (2)b.1.(a)i.b. " …shall not exceed one (1) square foot of signage for each three (3) feet of setback from the centerline of the nearest adjacent thoroughfare.."

Requested: 150 square feet

Permitted: 40 square feet

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states: "….no building or parcel of land shall be allowed more than one (1) sign permitted under this section.."

James R. Cambridge is requesting a twenty (20) foot parking lot setback variance between the two unit parcels intended for a proposed general condominium associated with the Main Street development. Subject parking area is to the rear of the 300 Building and south of Fire Station #1. The property is zoned TC-1 and is approximately 20.65 acres. Note: Under the original approval, this project was under single ownership on one parcel, which did not require a variance.

CITY OF NOVI, CODE OF ORDINANCE: ARTICLE 24; SECTION 2400, "SCHEDULE OF Regulations" requires a minimum parking lot setback of ten (10) feet in a side or rear of each lot in a TC-1 Zoning District.

Required parking lot setback (Unit 1 & 2) 20 feet

Proposed parking lot setback (Unit 1 & 2) 0 feet

Jeffrey and Theresa Wainwright are requesting a favorable interpretation of land usage (zoning conformance) as provided in the Novi Zoning Ordinance thereby granting authorization of project continuance as a non special land use. The property is a ten (10) acre area parcel located on the south side of Grand River Road, west of Taft; more specifically, west of the Gatsby Restaurant. The north six (6) acres of the property is zoned I-1 and the south four (4) acres are zoned OST. The applicant is maintaining that the I-1 zoning boundary does not abut a residential zoning district and therefore a special land use is not required. Subject parcel is identified as sidwell # 50-22-16-451-046 and 50-22-16-451-009.

NOVI CODE OF ORDINANCES: Section 3104, "Jurisdiction", paragraph 1a,1b and 1c states that the Zoning Board of Appeals shall have the power to act on those matters where the ordinance provides for administrative review; to grant variances for exceptional and undue hardships and to interpret the provisions of this Ordinance.

Administrative Review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Building Official or any other administrative official in carrying out or enforcing any provision of this Ordinance.

Variance. To authorize, upon an appeal a variance from the strict application of the provisions of this Ordinance where by… there is an exceptional undue hardship upon the owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Ordinance.

Exception and Special Approvals. To hear and decide in accordance with the provisions of this Ordinance, requests for exceptions, for interpretations of the Zoning Map, and for decisions on special approval situations on which this Ordinance specifically authorizes the Board to pass.

Beverly White of Juxtapose Sign Studio representing Westmarket Square is requesting a third extension of their previously approved sign variance (Case No. 01-077 and 02-094). The second variance was granted on November 4, 2002. The first variance was granted on September 18, 2001 for an extension of six months or until leased. The sign is located on the northwest corner of Beck Road and Grand River.

Carrie Bashista of John Richards Homes is requesting a one (1) year extension for an existing construction trailer at 46355 White Pines Drive, Lot 127 in Autumn Park Subdivision. Please refer to ZBA Case #01-097, 01-006 and TUP #00-039.