| View Agenda for this meeting View Minutes for this meeting ACTION SUMMARY Roll call: Members Bauer, Brennan, Gatt, Gronachan, Reed and Reinke Absent: Member Gray (excused) Rules of Conduct:
Approval of Agenda – approved as amended Approval of Minutes – March 4, 2003 and April 1, 2003 – approved as presented Public Remarks Mike Fellows requested that his application be tabled to the next month when there was a full Board present. 1) Case No. 03-038 filed by Amarjit Chawney for Hampton Woods, Phase IIAmarjit Chawney of Hampton Place LLC is requesting a variance of three (3) parking spaces for the construction of Hampton Woods, Phase II. The proposed project is 16.8 acres and is zoned OS-1 for this portion of the project. The project is located south of Ten Mile Road and west of Novi Road. Phase I of this project is already complete. The parking is reviewed using the gross leasable area of 8,368 square feet with modifications for mechanical rooms. CITY OF NOVI, CODE OF ORDINANCE, Section 2505, "Off-street Parking Requirements", Paragraph d (2)(3) requires thirty four (34) parking spaces for professional offices and doctors offices. Please note: the calculations are based upon 50% professional office use and 50% professional doctor office use. Required calculated parking spaces: 34 spaces Provided parking spaces: 31 spaces Variance: 3 spaces MOTION: THAT IN CASE NUMBER 03-038 TO GRANT THE PETITIONER’S REQUEST FOR TWO (2) OR THREE (3) PARKING SPACES SINCE THE PETITIONER IS WITHIN THE SPIRIT OF THE ORDINANCE AND IT IS EXPECTED TO RECLAIM THESE PARKING SPACES IN THE FUTURE 2) Case No. 03-039 filed by Ghaleb Assaf representing homeowners at 1431 West Lake Drive Ghaleb Assaf is requesting three (3) side yard setback variances for the construction of a proposed home at 1431 West Lake Drive. The proposed variances include; a five foot ten inch (5’ 10") north side yard setback variance, a five foot one inch (5’ 1") south side yard setback variance and a total aggregate side yard setback variance of ten feet eleven inches (10’ 11"). The property is zoned R-4 and is located on the east side of West Lake Drive between Faywood and North Haven. Please note: the applicant is requesting the variances to reconstruct the home due to fire damage. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a ten (10) foot side yard setback with an aggregate total side yard setback of twenty five (25) feet. Required minimum side yard setback (north side): 10 feet Proposed: 4 feet, 2 inches Variance: 5 feet, 10 inches Required side yard setback (south side): 15 feet Proposed: 9 feet, 11 inches Variance: 5 feet, 1 inch Required aggregate total side yard setback: 25 feet Proposed: 14 feet, 1 inch Variance: 10 feet, 11 inches MOTION: THAT IN CASE NUMBER 03-039 TO GRANT THE PETITIONER’S REQUEST FOR THREE (3) SETBACK VARIANCES DUE TO LOT SIZE AND CONFIGURATION AND SUBJECT TO A PRIVACY FENCE BEING ERECTED ON THE NORTH SIDE OF THE HOUSE 3) Case No. 03-040 filed by Singh Development for Waltonwood at Twelve Oaks, Phase II Michael Kahm of Singh Development is requesting two (2) side yard setback variances of seventy five (75) feet for both Phase I and II for Waltonwood and a front yard setback variance of fifty nine (59) feet for the construction of Phase II. The review of the project revealed two parcels of land with two separate sidwell numbers. The property is zoned RM-1 with a PD-1 option and is located south of Twelve Mile Road and east of Twelve Oaks Mall. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a seventy five (75) foot front and side yard setback for structures in an RM-1 Zoning District. Required side yard setback (Phase I): 75 feet Proposed: 0 feet Variance: 75 feet Required side yard setback (Phase II): 75 feet Proposed: 0 feet Variance: 75 feet Required front yard setback (Phase II): 75 feet Proposed: 16 feet Variance: 59 feet MOTION: THAT IN CASE NUMBER 03-040 TO GRANT THE PETITIONER’S REQUEST FOR THREE (3) SETBACK VARIANCES AS PRESENTED, TO INCLUDE THE COMMENTS TONIGHT THAT THE VARIANCE IS ISSUED BASED ON A SINGLE OWNERSHIP AND THAT IT IS AN ADMINISTRATIVE ISSUE 4) Case No. 03-041 filed by Michael Fellows for Brookhaven Subdivision located at 42400 Ten Mile Road Michael Fellows of Brookhaven Development is requesting a sign extension for an existing sign located at 42400 Ten Mile Road for the proposed Brookhaven Subdivision. The proposed Brookhaven Subdivision is located on the north side of Ten Mile Road between Novi and Meadowbrook Roads, just east of the CSX Railroad tracks. The ground sign is twenty five (25) square feet and was granted a variance on November 4, 2002 for a period of six (6) months. The applicant would like to request an additional six (6) months or until the first building permit is issued. Please note: once the applicant is issued the first building permit the sign is allowed per Ordinance. Please see Case No. 02-087. CASE TABLED TO JULY 8, 2003 MEETING 5) Case No. 03-042 filed by Albert Alagna representing Athenian Coney Island located at 43324 Eleven Mile Road (Novi Town Center) Albert Alagna of Tri County Sign & Lighting representing Athenian Coney Island is requesting two (2) sign variances to erect one (1) forty two (42) square foot wall sign to be located at 43324 Eleven Mile Road (Novi Town Center). Please note: the applicant has applied for another forty two (42) square foot wall sign but is allowed per Zoning Board of Appeals Case No. 1503. 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 an additional forty two (42) square foot wall sign to read "Athenian Coney Island."
CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)i.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 forty (40) square feet." Requested: 42 square feet Allowed: 40 square feet Variance: 2 square feet MOTION: THAT IN CASE NUMBER 03-042 TO GRANT THE PETITIONER’S REQUEST TO ALLOW TWO (2) THIRTY TWO (32) SQUARE FOOT WALL SIGNS, TO REMOVE THE CORNER TOWER SIGN AND THE REASON FOR THE VARIANCE IS THAT IT IS A CORNER BUSINESS AND NEEDS IDENTIFICATION FROM TWO DIRECTIONS 6) Case No. 03-043 filed by Beacon Sign Company representing Michaels at 43635 West Oaks Drive (West Oaks Shopping Center) Kristy Burke at Beacon Sign Company representing Michaels is requesting six (6) sign variances to erect six (6) wall signs to be located at 43635 West Oaks Drive (West Oaks Shopping Center). Sign A: CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a)i.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 forty (40) square feet." Proposed: 137.5 square feet Allowed: 40 square feet Variance: 97.5 square feet Signs B, C, D, E and F: 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 five (5) "service" signs to read "Silk Floral," "Crafts," "Art Supplies," "Frames," and "Home Décor." MOTION: THAT IN CASE NUMBER 03-043 (A) TO GRANT THE PETITIONER’S REQUEST FOR THE "MICHAELS" SIGN NOT TO EXCEED FOUR (4) FEET IN HEIGHT AND NOT TO EXCEED ONE HUNDRED (100) SQUARE FEET OVERALL THAT IN CASE NUMBER 03-043 (B) TO DENY THE PETITIONER’S REQUEST FOR FIVE (5) "SERVICE" SIGNS SINCE ESSENTIALLY THE ADDITIONAL VERBIAGE IS ADVERTISING, NO CHANCE OF CONFUSION AND NO VISIBILITY PROBLEM WITH THIS LOCATION 7) Case No. 03-044 filed by Deborah Whitehead of Starbucks at 27795 Novi Road (West Oaks Shopping Center) Deborah Whitehead of Starbucks is requesting a variance to allow for temporary outdoor seating for property located at 27795 Novi Road (West Oaks Shopping Center) from the date of the meeting until June 3, 2004. Please see Temporary Use Permit 02-019. 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…" The applicant is requesting permission to allow outdoor seating from the date of the meeting until June 3, 2004. MOTION: THAT IN CASE NUMBER 03-044 TO DENY THE PETITIONER’S REQUEST FOR OUTDOOR SEATING DUE TO LACK OF REPRESENTATION 8) Case No. 03-045 filed by Colliers International for property located at 5022-13-351-024 Rob Hughes of Colliers International is requesting one (1) sign variance to erect a temporary real estate sign to be located in the Meadowbridge Park, south of I-96 and east of Meadowbrook Road at 5022-13-351-024. CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(3) "Temporary real estate signs" states that the maximum square footage allowed is 6. Requested: 48 square feet Allowed: 6 square feet Variance: 42 square feet MOTION: THAT IN CASE NUMBER 03-045 TO GRANT THE PETITIONER’S REQUEST FOR A TEMPORARY REAL ESTATE SIGN FOR A PERIOD OF ONE (1) YEAR FOR THE PURPOSE OF ADVERTISING AND LEASING THIS PARCEL 9) Case No. 03-046 filed by Dales & Graphic Systems for Post Bar at 42875 Grand River (Main Street) Jim Dales of Dales & Graphic Systems is requesting three (3) sign variances to erect one (1) ground sign and (1) projecting sign to be located at Post Bar at 42875 Grand River (Main Street).
Sign A: 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 ground sign. Please note: the Ordinance does not allow a combination of wall signs and ground signs. There is already a wall sign on the parcel at Lifestyles HotSpring Spas. CITY OF NOVI, CODE OF ORDINANCE, Section 28-1(7), "Definitions" states: "Ground sign means a sign supported by a monument, placed in the ground surface and not attached to any building." The applicant is proposing the sign to be erected on poles. Sign B: CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)f.2.(c), "Projecting sign" states: "Placement: An upper level projecting sign shall not be located closer than two hundred forty (240) feet to any other upper level projecting sign." The applicant is proposing a 13.74 square foot illuminated upper level projecting sign. Please note: the Mongolian Barbeque projecting sign is located within the two hundred forty (240) feet. MOTION: THAT IN CASE NUMBER 03-046 TO GRANT THE PETITIONER’S REQUEST FOR A PROJECTING SIGN FOR BUSINESS IDENTIFICATION (SIGN A WAS WITHDRAWN BY THE APPLICANT) 10) Case No. 03-047 filed by Cambridge Homes, Inc. representing homeowners at 47510 Capri Court Mark Guidobono of Cambridge Homes, Inc. is requesting a sixty six (66) square foot variance to allow construction of an attached garage at 47510 Capri Court, Unit 48 in the Bellagio development. The property is zoned RA. Please note: Site plan approval for this project was based upon a ZBA variance from the open space preservation requirement (ZBA Case #99-023) which acknowledged sites less than 39,509 square feet. CITY OF NOVI, CODE OF ORDINANCE, Section 2503, Paragraph 1G, requires that the total aggregate floor space for an accessory building in a RA Zoning District not exceed one thousand (1,000) square feet. Proposed aggregate floor space: 1,066 square feet Maximum allowed: 1,000 square feet Variance: 66 square feet MOTION: THAT IN CASE NUMBER 03-047 TO GRANT THE PETITIONER’S REQUEST FOR SIXTY SIX (66) SQUARE FEET OF FLOOR SPACE DUE TO BUILDING LAYOUT AND CONFIGURATION 11) Case No. 03-048 filed by Cypress Partners, LLC representing Gus O’Connor’s at 42875 Grand River (Main Street) Steve Gabrys of Cypress Partners, LLC is requesting a variance of one hundred and six (106) parking spaces for Gus O’Connor’s Restaurant and Pub, a new tenant space located at 42875 Grand River (Vic’s Market building). The variance requested for this tenant space is based upon the dual function of off-street parking for the existing and proposed buildings in the Main Street project as was included in the overall approved site plan. CITY OF NOVI, CODE OF ORDINANCE, Section 2505, Paragraph 8 "Off-Street Parking Requirements" requires that a "Shared Parking Study" be provided when there is a reduction in the number of off-street parking spaces and is designated a dual function by more than one land use. New "Shared Parking Study" plan: 2,411 parking spaces Shared Parking per approved plan: 2,260 parking spaces Previous variance granted: 45 parking spaces Variance: 106 parking spaces MOTION: THAT IN CASE NUMBER 03-048 TO GRANT THE PETITIONER’S REQUEST FOR ONE HUNDRED SIX (106) PARKING SPACES AS SUBMITTED SINCE THE REQUEST IS MINIMAL AND SUBJECT TO CHANGE IN THE FUTURE AS FAR AS THE CALCULATIONS. THIS VARIANCE IS LIMITED TO THIS BUSINESS ONLY. 12) Case No. 03-049 filed by Todd Keene at 2300 Austin Todd Keene is requesting an eighteen (18) foot front yard setback variance for the construction of a garage / addition to the residence located at 2300 Austin Drive. The property is on a corner lot, zoned R-4 and located south of Thirteen Mile and west of Old Novi Road. CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a thirty (30) foot front yard setback for property located in a R-4 Zoning District. Required front yard setback: 30 feet Proposed: 12 feet Variance: 18 feet MOTION: THAT IN CASE NUMBER 03-049 TO DENY THE PETITIONER’S REQUEST OF A FRONT YARD SETBACK FOR LACK OF PRACTICAL DIFFICULTY AND NO BASIS FOR THE VARIANCE BECAUSE THERE IS PLENTY OF ROOM TO PUSH THE GARAGE BACK OTHER MATTERS 1) Oak Pointe Church Tom Schultz stated that the Board members have a letter on the table for the Oak Pointe Church with the judges’ opinion, which remands the case back to the Zoning Board of Appeals. Mr. Schultz stated that it does not require the Public Hearing to be re-opened. The judge is looking for findings that support the decision that has been made. Mr. Schultz suggested that the item be put on the July agenda and find further findings of facts. The Board members requested minutes and paperwork from the Building Department. They also requested a draft of the findings of fact and the Ordinance section from Mr. Schultz. 2) Mock-up signs Sarah Marchioni stated that she distributes a packet to all of the applicants where mock-up signs are mentioned six times yet every month she receives a call from the applicant asking why they need to erect them. She asked if better language could be created. The Board members requested a copy of the packet for next month so that they could make suggestions. Ms. Marchioni also asked for direction on businesses that are re-doing their façade and at what point do the Board members want to see the proposed signs? 3) Training session Member Gronachan asked Don Saven when the training session with Jerry Fisher could be scheduled? The Board members agreed on a Wednesday night around 6:30 p.m.
Meeting adjourned at 9:30 p.m.
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