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

Roll call Members Bauer, Brennan, Gatt, 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 Agenda – approved

Approval of Minutes - approved

Public Remarks 1) Nicholas Palise – requested a sixty (60) day extension of his original variance request.

Ken Albers is requesting four (4) variances for the Charneth Fen Project, Site Plan Number 02-15. Applicant is requesting: a building setback variance of approximately six (6) feet of excess building height for Building 3; a 6.45% variance for pavement in excess of the maximum 30% requirement on the easterly side yard; an interpretation or variance for the three (3) locations in Building 3 and 4 for locating a driveway within twenty-five (25) feet of a wall that contains windows and doors; and to allow two (2) parking spaces to be located within a front yard. Property is located in Section 10, on the south side of 12 ½ Mile Road and west of Novi Road and Zoned RM-1.

CITY OF NOVI, CODE OF ORDINANCES: Section 2406.5.B4 (d) requires that all structures exceeding the height limitations of the district, the minimum yard setback shall be equal to setback requirements of the district plus one (1) additional foot of setback shall be provided for each foot the building exceeds the maximum height limitation for the district . . .

Proposed building height (Building #3): 41 feet

Maximum building height: 35 feet

MOTION: THAT IN CASE No. 03-078 TO (A) GRANT THE PETITIONER’S REQUEST OF SIX (6) FEET FOR BUILDING HEIGHT, FOR BUILDING 3 ONLY, DUE TO THIS VARIANCE INCORPORATING A RETAINING WALL.

CITY OF NOVI, CODE OF ORDINANCES: Article 24, Section 2400, "Schedule of Regulations" Footnote (e)(5) states "Within any required front, side or rear yard setback from a property line in an RM-1 or RM-2 District, not more than thirty (30) percent of any such yard area shall be used for off-street parking, maneuvering lanes, service drives or loading areas."

Proposed coverage: 36.45%

Maximum Allowable: 30%

MOTION: THAT IN CASE No. 03-078 TO (B) GRANT THE PETITIONER’S REQUEST FOR A 6.45% VARIANCE FOR PAVEMENT IN EXCESS OF THE 30% MAXIMUM REQUIREMENT ON THE EASTERLY SIDE YARD AS THIS CONDOMINIUM COMPLEX IS LESS THAN THE MAXIMUM ALLOWED AND DUE TO LOT CONFIGURATION.

CITY OF NOVI, CODE OF ORDINANCES: Article 24, Section 2400, "Schedule of Regulations" Footnote (e)(6) states "It is further provided that off street parking or related drives shall not be located closer than twenty-five (25) feet to any wall of a dwelling structure, which contains openings involving living areas nor any closer than eight (8) feet to any such wall that does not contain openings . . . . or"

CITY OF NOVI, CODE OF ORDINANCES: Section 3104, "Jurisdiction" states that the Zoning Board of Appeals . . . shall be empowered to act on those matters where this Ordinance provides for an administrative review, interpretation, exception, or special approval permit.

Planning Commission interpretation is . . . No off street parking or related drives shall be located closer than twenty-five (25) feet to any first floor wall of any dwelling structure which contains openings involving living areas nor closer than eight (8) feet to any such first floor wall that does not contain an opening.

MOTION: THAT IN CASE No. 03-078 TO (C) GRANT THE PETITIONER’S REQUEST TO ALLOW A DRIVEWAY WITHIN TWENTY-FIVE (25) FEET OF A WALL (BUILDING 3 and 4), WHICH CONTAIN WINDOWS AND DOORS, DUE TO NARROW LOT SIZE AND CONFIGURATION. THE BOARD IS REQUESTING TO REFER THIS TO THE ORDINANCE REVIEW COMMITTEE FOR FIRST AND SECOND FLOOR DETERMINATION AND INTERPRETATION.

CITY OF NOVI, CODE OF ORDINANCES: Section 2505.2, "Off Street Parking Requirements" states that off street parking shall not be permitted within a front yard . .

MOTION: THAT IN CASE No. 03-078 TO (D) GRANT THE PETITIONER’S REQUEST TO ALLOW TWO (2) PARKING SPACES, LOCATED WITHIN A FRONT YARD (NORTH END), DUE TO LOT CONFIGURATION AND THE FACT THAT THE REQUEST IS STILL WITHIN THE SPIRIT OF THE ORDINANCE. THE BOARD IS REQUESTING TO REFER THIS TO ORDINANCE REVIEW TO DEFINE IF A "DRIVEWAY IS A PARKING AREA."

David Wayne Bayon is requesting a front yard setback variance of 9.86 feet for a proposed two-story home with attached garage, located on lot #58, 25827 Strath Haven, Pioneer Meadows Subdivision. Property is zoned R-A and located east of Beck Road and south of Ten Mile Road.

CITY OF NOVI, CODE OF ORDINANCES: Article 24; Section 2400, "Schedule of Regulations" requires a minimum front yard setback of forty-five (45) feet in an R-A Zoning District.

Required front yard setback: 45 feet

Proposed: 35.14 feet

Mark Guidobono is requesting a 193 square foot variance for the construction of an attached garage to the proposed home located at 47890 Ravello Court, Unit 12 in the Bellagio Development. Property is zoned R-A and located west of Beck Road and south of Nine Mile Road.

CITY OF NOVI, CODE OF ORDINANCES: Section 2503, Paragraph 1G, "Accessory Buildings" state that the total aggregate floor area of all attached and detached accessory structures shall not exceed 1000 square feet for an R-A Zoning District.

Proposed attached garage square foot: 1193

Maximum allowable square foot: 1000

MOTION: TO APPROVE THE PETITIONER’S REQUEST FOR A 193 SQ FT VARIANCE FOR THE CONSTRUCTION OF AN ATTACHED GARAGE TO THE PROPOSED HOME LOCATED AT 47890 RAVELLO COURT DUE TO LOT CONFIGURATION AND THE UNIQUE CIRCUMSTANCES THAT SURROUND THIS PROPERTY.

Stanley Golembiewski is requesting an 810 square foot variance for the construction of a detached garage located at 24706 Glenda, Salow’s Walnut Hill Subdivision No. 2. Property is zoned R-4 and located north of Ten Mile Road and east of Taft Road.

CITY OF NOVI, CODE OF ORDINANCES: Section 2503, Paragraph 1G, "Accessory Buildings" state that the total aggregate floor area of all attached and detached accessory structures shall not exceed 850 square feet for an R-4 Zoning District.

Proposed accessory structures square foot (total): 1660 square feet

Maximum total square foot allowable: 850 square feet

Louis Maiberger is requesting two (2) variances for the construction of an open, unenclosed deck located in the front yard of the residence at 1517 East Lake Drive. Applicant is requesting a six (6) foot front yard projection variance and a 6.97 side yard setback variance for a projection into a side yard. Property is zoned R-4.

CITY OF NOVI, CODE OF ORDINANCE, Section 2907, "Porches and Decks" states that an open unenclosed and uncovered porch or paved terrace may project into a required front yard setback for a distance not exceeding four (4) feet.

Required front setback: 26 feet

Proposed front setback: 20 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 2908, "Projection into Yards" states that bay windows, chimneys, cantilevered floors and other vertical projections may project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard.

Required side yard setback (minimum): 10 feet

Proposed: 2.7 feet

Allowable projections (based on two (2) feet: .33 inches

MOTION: THAT IN CASE No. 03-082 TO GRANT THE PETITIONER’S REQUEST FOR A SIX (6) FOOT FRONT YARD SETBACK VARIANCE AND A 6.97 FOOT SIDE YARD PROJECTION SETBACK VARIANCE FOR CONSTRUCTION OF AN UNENCLOSED DECK LOCATED IN THE FRONT YARD DUE TO LOT SIZE AND CONFIGURATION. THE PROPOSED DECK IS NOT TO BE ENCLOSED, COVERED OR SCREENED IN ANY WAY IN THE FUTURE.

Allied Signs, Inc., is requesting one (1) sign variance to erect one (1) wall sign at 47490 Grand River, south elevation, for Caribou Coffee. There is currently an existing sign on west elevation.

CITY OF NOVI, CODE OF ORDINANCES: Section 28-6(3).d states:

"Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign."

Greg Hudas of Signature Associates is requesting an extension of a sign variance granted on August 13, 2002 for a marketing sign located at the entranceway to Regency Centre on Haggerty Road. The applicant is requesting permission to allow the sign to remain for a period of three (3) years. See Case No.’s 01-048 and 02-074.

MOTION: THAT IN CASE No. 03-084TO GRANT THE PETITIONER’S REQUEST FOR A THREE (3) YEAR EXTENSION OF ORIGINAL SIGN VARIANCE FOR THE PURPOSE OF MARKETING AND BUILDING OUT THE SITE.

Mike and Elaine Gabriel are requesting one (1) sign variance to erect one (1) wall sign at 41390 West Ten Mile Road, for State Farm Insurance. There is currently an existing ground pole sign for Twist and Shake, located on the same parcel of land.

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" (ground pole sign for Twist & Shake is located on the same parcel of land).

MOTION: THAT IN CASE No. 03-085TO GRANT THE PETITIONER’S REQUEST TO ERECT ONE (1) WALL SIGN FOR PROPERTY LOCATED AT 41390 WEST TEN MILE ROAD FOR PURPOSES OF BUILDING IDENTIFICATION.

Raymond Miras is requesting two (2) variances for a proposed property split located at 21801 Garfield Road. Applicant is requesting a thirty (30) foot lot width variance for Parcel 2 and a south side yard setback variance of four feet, six inches (4’6") for parent Parcel 1. Properties are Zoned R-A and located west of Garfield Road between Eight and Nine Mile Road.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400, "Schedule of Regulations" requires a minimum lot width of one hundred-fifty (150) feet and a minimum side yard setback of twenty (20) feet in an R-A Zoning District.

Required lot width: 150 feet

Proposed lot width: 120 feet

Required side yard setback: 20 feet

Proposed side yard setback: 15 feet, 6 inches

John Sherwood is requesting (3) variances for the construction of a garage and addition to a residence located at 23980 Meadowbrook Road. Applicant is requesting a thirteen (13) foot front yard setback variance and, a south side yard variance including an aggregate total of both side yard variances of seven foot, eleven inches (7’11"). Property is Zoned R-4 and located east of Meadowbrook Road and south of Ten Mile 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 and a ten (10) foot minimum side yard setback with an aggregate total of twenty-five (25) feet for both side yards.

Required front yard setback: 30 feet

Proposed front yard setback: 17 feet

Required side yard setback (minimum): 12 feet, 11 inches

Proposed: 5 feet

Required side yards (both sides): 25 feet

Proposed: 17 feet, 1 inch

MOTION: THAT IN CASE No. 03-087TO GRANT THE PETITIONER’S REQUEST FOR (A) FRONT YARD SETBACK VARIANCE OF THIRTEEN (13) FEET; (B) SOUTH SIDE YARD SETBACK VARIANCE OF SEVEN FEET, ELEVEN INCHES AND; (C) AGGREGATE TOTAL SIDE YARD SETBACK VARIANCE OF SEVEN FEET, ELEVEN INCHES FOR CONSTRUCTION OF A BUILDING ADDITION DUE TO LOT SIZE, CONFIGURATION AND, APPROVAL FROM NEIGHBORS.

Jon Sylva is requesting nine (9) sign variances to erect five (5) wall signs at the Gander Mountain (fka K-Mart), located at 43825 West Oaks Drive in the West Oaks Shopping Center.

CITY OF NOVI, CODE OF ORDINANCES: Section 28-6(3).d states: "Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign."

CITY OF NOVI, CODE OF ORDINANCES: Section 28-6(2)b.1.(a)i.a. "Multiple businesses" 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: 339 square feet

Permitted: 40 square feet

CITY OF NOVI, CODE OF ORDINANCES: Section 28-6(3).d states: "Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign."

CITY OF NOVI, CODE OF ORDINANCES: Section 28-6(2)b.1.(a)i.a. "Multiple businesses" 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: 100 square feet

Permitted: 40 square feet

CITY OF NOVI, CODE OF ORDINANCES: Section 28-6(3).d states: "Each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign."

CITY OF NOVI, CODE OF ORDINANCES: Section 28-6(2)b.1.(a)i.a. "Multiple businesses" 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: 156 square feet

Permitted: 40 square feet

CITY OF NOVI, CODE OF ORDINANCES: 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. "