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View Minutes for this meeting REGULAR MEETING – ZONING BOARD OF APPEALS –
CITY OF NOVI Roll call Members Bauer, Brennan, Canup, Gray, Gronachan,Rules of Conduct:
Approval of Agenda Approval of Minutes – November 6, 2003 Public Remarks 1) Case No. 03-100 filed by Secure Development Properties, L.L.C. for the Family Fun Center at 45799 Grand River. This case was tabled at the December 2, 2003 Zoning Board of Appeals meeting. 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. 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. 2) Case No. 03-104 filed by J. B. Donaldson Company for Aladdin Heating and Cooling Company at 47087 Grand River Avenue J. B. Donaldson Company is requesting a variance to allow ancillary sales on property that abuts a residential zoning district for the Aladdin Heating and Cooling Company. The proposed business is located at 47087 Grand River Avenue (south side of Grand River Avenue, east of Beck Road). The property is approximately three (3) acres, zoned I-1, and is subject to Special Land Use Approval. Applicant plans a proposed showroom area of approximately 1318 square feet. CITY OF NOVI, CODE OF ORDINANCES, Section 1903.6 states ancillary sales are permitted when not abutting a residential zoning district and subject to special conditions. The applicant proposes a showroom of approximately 1,318 square feet on I-1 zoned property that abuts a residential zoning district. 3) Case No. 03-105 filed by Ray Lighting Center at 25673 Meadowbrook Road Ray Lighting Center is requesting a variance to allow outdoor storage in an I-1 zoning district. Applicant is requesting to maintain a 14 x 46 foot storage area surrounded by an eight-foot high chain link fence for outside storage that is adjacent to the building located at 25673 Meadowbrook Road. The property is located west of Meadowbrook Road and north of Grand River Avenue. CITY OF NOVI, CODE OF ORDINANCES; Section 1905 (1) (a) states that all uses within the I-1 zoning district shall be conducted wholly within a completely enclosed building. Applicant requests to maintain the outdoor storage area adjacent to his building. 4) Case No. 03-106 filed by Etkin Equities for Residence Inn at 27477 Cabaret Drive Robert W. Bednas of Etkin Equities is requesting two (2) sign variance to erect one (1) ground sign at 27477 Cabaret Drive for Residence Inn - Marriott. The first variance is for an additional business sign and the second variance is for a distance variance from the centerline of Cabaret Drive. CITY OF NOVI, CODE OF ORDINANCES: Section 28-6 (3) states: "No parcel of land shall be allowed more than one (1) sign permitted under this section." The applicant is requesting permission to erect an additional 25.3 square foot ground sign to read "Residence Inn - Marriott." CITY OF NOVI, CODE OF ORDINANCES: Section 28-6 (2) states: "Placement regulations for ground signs: 63 feet setback required 40 feet setback requested 23 feet variance required The applicant is requesting permission to erect a ground sign 40 feet from the centerline of Cabaret Drive. 5) Case No. 03-107 filed by Brian Kosaian of 150 North Haven Road Mr. Kosaian is requesting a 6.04 foot side yard setback variance on the west side of an existing structure located at 150 North Haven Road. Applicant has three (3) contiguous forty (40) foot lots with a total frontage of one hundred-twenty (120) feet and wishes to split the property. Nonconforming lots may have approved split provided; parcels are under single ownership and have a minimum width of sixty (60) feet with a total square foot area of six thousand (6,000) square feet. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a minimum side yard setback of ten (10) feet in an R-4 Zoning District Required minimum side yard setback: 10 .00 Feet Proposed minimum side yard setback 3.96 Feet Variance requested: 6.04 FeetThe applicant is requesting this variance to enable him to split the property.
6) Case No. 03-108 filed by Robert Geracz at 48800 Nine Mile Road 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. The applicant is requesting permission to utilize the existing home during the construction of the new home in a single-family residential district. 7) Case No. 03-109 filed by the City of Novi located at the northeast corner of West Park Drive and Twelve Mile Roads Nancy McClain P.E. representing the City of Novi is requesting three (3) variances for the construction of a water booster station to be located on the northeast corner of West Park Drive and Twelve Mile Road. The applicant is requesting an eighteen (18) foot side yard setback variance (east side), a fifteen (15) foot rear yard setback variance (north side) and a variance for parking within the front yard. The property is zoned I-1 and is located on a corner lot. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a twenty (20) foot side and rear yard setback in an I-1 zoning district. Required side yard setback 20 Feet Proposed side yard setback 2 Feet Variance requested 18 Feet Required rear yard setback 20 Feet Proposed rear yard setback 5 Feet Variance requested 15 Feet CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24; Section 2400, Paragraph (h)(1) "Schedule of Regulations" states that no off street parking shall be permitted within the front yard of a development area of less than two (2) acres. Variance requested: The proposed project is less than two (2) acres and has parking proposed within the front yard. Applicant is requesting three (3) variances for the construction of the water booster station to provide adequate water pressure to certain areas of the City. 8) Case No. 03-110 filed by Mark and Michelle Galecka of 40014 Sandpointe Way Mark & Michelle Galecka are requesting a twenty-two (22) inch variance for the combined total of both side yards for the construction of a proposed addition located at 40014 Sandpointe Way. The property is zoned R-3 and is located south of Nine Mile Road and east of Sunrise Boulevard. CITY OF NOVI, CODE OF ORDINANCE, ARTICLE 24; Section 2400, "Schedule of Regulations" require a combined total side yard setback for both sides at a minimum of thirty (30) feet. Minimum total aggregate (both sides) 30 feet Proposed total aggregate 28 feet 2 inches Variance: 1 foot 10 inches 9) Case No. 03-111 filed by Amen Korean United Methodist Church at 41671 W. Ten Mile Road Amen Korean United Methodist Church (which is located at the Novi United Methodist Church building) is requesting one (1) sign variance to erect an additional ground sign to be located at 41671 W. Ten Mile Road. Novi United Methodist Church is located south of Ten Mile Road and west of Meadowbrook Road. 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 second ground sign measuring 8’ by 2’11." 10) Case No. 03-112 filed by Stone City, Inc. at 26940 Taft Road Roger Soulliere is requesting a variance to continue the use of outdoor storage in an I-1 zoning district for the business known as Stone City Incorporated located at 26940 Taft Road. Applicant is requesting a three-year variance similar to previous ZBA Case # 00-082. Property is located north of Grand River and east of Taft Road. CITY OF NOVI, CODE OF ORDINANCES: Section 1905, Paragraph 1a states that all uses within the I-1 District shall be conducted wholly within a completely enclosed building. Applicant is requesting the continued use of outdoor storage for the operation of his business.
11) Case No. 03-113 filed by Minasian Development Corp. representing Pinnacle Office Centre at 41850 W. Eleven Mile Road Ted C. Minasian of Minasian Development Corp. is requesting one (1) sign variance to allow an expired construction sign to remain at 41850 W. Eleven Mile Road for the Pinnacle Office Centre. This is a second extension request with the first granted by the Zoning Board of Appeals on December 3, 2002. CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(1) "Temporary Signs" states: Max permit duration or exemption – "Not to be issued prior to building permit and is valid until issuance of last certificate of occupancy or for a period of twelve (12) months, whichever occurs first." The applicant is requesting permission to allow the sign to remain for one (1) year. 12) Case 03-114 filed by Beck Novi, L.L.C. for Kirkway Place located south of eleven Mile and west of Beck Road Beck Novi, L.L.C. is requesting to appeal the requirements of Section 303 of the City of Novi Code of Ordinances known as the Similar/Dissimilar Ordinance for the construction of detached single family dwellings within the City. The applicant is requesting this appeal for the project known as Kirkway Place located south of Eleven Mile and west of Beck Road. The project includes 40.3 acres and has thirty (30) building sites. CITY OF NOVI, CODE OF ORDINANCES: Section 303, Paragraph 1 & 2 state: The erection of single family detached dwellings shall not be grossly dissimilar to the exterior design and appearance of existing detached single family dwellings in the surrounding area and there shall be a variation in appearance in the development of single family detached dwellings. Applicant is requesting a favorable appeal to the requirements of Section 303, of the City of Novi Code of Ordinances. 13) Case No. 03-115 filed by Fram Building Group for Meadowbrook Townshomes located at the southwest corner of Thirteen Mile Road and Meadowbrook Road Doug Stratton of Fram Building Group representing Meadowbrook Townhomes is requesting one (1) sign variance to erect an additional ground sign for the second phase of development. The proposed corner sign is located south of Thirteen Mile Road and west of Meadowbrook Road. CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(2) states: "…subdivision business signs are to be located at entranceways to subdivisions only..." The applicant is requesting permission to erect a second ground sign measuring 7’4" x 4’. 14) Case No. 03-116 filed by Northstar Signs, Inc. for Meadowbrook Corporate Park east of Meadowbrook Road between Eleven and Twelve Mile Road William V. Harris of Northstar Signs, Inc. representing Meadowbrook Corporate Park is requesting two (2) sign variances to erect a ground sign east of Meadowbrook Road between Eleven Mile and Twelve Mile Roads. CITY OF NOVI, CODE OF ORDINANCES: Section 28-7 (4) states: Area and height regulations – real estate signs. Area: 60 square feet requested 16 square feet permitted on vacant parcels 44 square foot variance needed Height: 13 feet height requested 5 feet height permitted 8 foot height variance needed
15) Case No. 117 filed by Tassos Epicurean Cuisine, Inc. at 25715 Meadowbrook Road Anastasios Bozadzis is requesting five (5) variances for the installation of a thirteen thousand (13,000) gallon liquid nitrogen tank in the rear of the building located at 25715 Meadowbrook Road. Applicant is requesting an unscreened outdoor storage tank (accessory structure) in excess of the allowed 600 gallons to be located within ten (10) feet of the main building. The property is zoned I-1 and is located south of Eleven Mile Road and west of Meadowbrook Road. CITY OF NOVI, CODE OF ORDINANCES; Section 1905, Paragraph 1(a) states that all uses within the I-1 district shall be conducted wholly within a completely enclosed building. Applicant wishes to install a thirteen thousand (13,000) gallon liquid nitrogen tank outside and adjacent to the rear of the building. Outdoor storage is not permitted. CITY OF NOVI, CODE OF ORDINANCES; Section 1905; Paragraph 1(b)(2) states that an outdoor storage tank may be allowed provided the outdoor storage tank does not exceed 600 gallon capacity where outdoor placement is necessary for compliance with Chapter 15 (Fire Prevention) of the City of Novi Code of Ordinances.
Proposed capacity of outdoor storage tank 13,000 Gallons Maximum allowed capacity 600 Gallons Variance requested 12,400 Gallons CITY OF NOVI, CODE OF ORDINANCES; Section 1905; Paragraph 1(b)(2) states that all such storage tanks must be enclosed or screened from public view. Such screening shall consist of a wall not less than one foot higher than the height of the storage tank placed therein…. Proposed tank height is thirty-nine (39) feet with the height of the building at twenty-two feet. Applicant requests to waive the screening requirements. CITY OF NOVI, CODE OF ORDINANCES; Section 1905; Paragraph 1 (b)(2) states that all screening material shall consist of masonry, consisting of those materials permitted under the exterior wall material standards contained in Section 2520 (Exterior Building Wall Façade Materials). Applicant is requesting to waive the masonry enclosure wall consistent with the request to waive the screening requirements. CITY OF NOVI, CODE OF ORDINANCES; Section 2503; Paragraph 1 (D) states that no detached accessory building (structure) shall be located closer than ten (10) feet to any main building… Required setback for accessory structure 10 feet Proposed setback for accessory structure 6 feet Variance requested 4 feet
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