| View Agenda for this meeting View Minutes for this meeting ACTION SUMMARY Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd. Roll call Members Present: Bauer, Brennan, Canup, Fischer, Gray, Gronachan, and Sanghvi Rules of Conduct:
Approval of Agenda Approval of Minutes – March 2, 2004 – The minutes were approved with the one change to the mistake found on page seven (7), line twelve (12). It should read Member Bauer made the move for approval not Mr. Saven. Public Remarks 1. Case No. 04-023 filed by Brent Beshears for home at 1395 East Lake Drive Mr. Beshears is requesting two (2) variances for the expansion of an attached garage to the property at 1395 East Lake Drive. Applicant is requesting a rear yard setback variance of 15 feet 10 inches and a variance for the sum total square foot of all accessory structures on the property at 70.5 square feet. Property is zoned R-4 and located north of Thirteen Mile and east of Old Novi Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum rear yard setback of thirty-five (35) feet in an R-4 Zoning District. Required Rear Yard Setback Variance 35 Feet Proposed Rear Yard Setback Variance 19 Feet 2 inches Variance Requested 15 Feet 10 Inches NOVI CODE OF ORDINANCES: Section 2503, Paragraph 1 (G) States That The Maximum Total Square Foot Of All Accessory Structures In An R-4 Zoning District Shall Not Exceed 850 Square Feet. Proposed Square Foot Of All Accessory Structures 920.5 Square Feet Maximum Square Foot Allowable 850 Square Feet Variance Requested 70.5 Square Feet MOTION: IN THE MATTER OF CASE NUMBER 04-023 MOVE TO APPROVE THE VARIANCES REQUESTED BECAUSE MR. BESHEARS HAS SHOWN THAT HE CAN ASK FOR LESSER VARIANCES TO ACCOMPLISH WHAT HE FEELS HE NEEDS TO. 2. Case No. 04-026 filed by Gordon Wilson for residence at 1322 East Lake Drive was tabled at the April 6 2004 ZBA meeting. The case will be presented at the June 1, 2004 ZBA meeting.
3. Case No. 04-029 filed by Mike Ellithorpe of Bill Carr Signs for Boston Market at 43363 Crescent Blvd. Mr. Ellithorpe representing Boston Market Restaurant is requesting one (1) sign variance to erect one additional ground sign at the Boston Market Restaurant located at 43363 Crescent Blvd., which is north of Grand River Avenue and east of Novi Road (in the Novi Town Center). 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 one (1) additional ground sign for Boston Market. MOTION: IN CASE NUMBER 04-029 MOVE TO DENY THE VARIANCE REQUESTED BECAUSE THE PETITIONER HAS NOT ESTABLISHED A PRACTICAL DIFFICULTY. THE LACK OF PRACTICAL DIFFICULTY HAS TO DO WITH THE BUILDING BEING FULLY VISIBLE AND THE SIGNAGE BEING FULLY VISIBLE FOR IDENTIFICATION WITHOUT THIS PROPOSED SIGN.
4. Mr. Gabrys of Cypress Partners for Gus O’Connor’s Public House is requesting three (3) sign variances to erect three additional signs. Gus O’Connor’s is located at 42875 Grand River Avenue in Main Street located east of Novi Road and south of Grand River Avenue. Sign A – Projecting sign west elevation CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)f.1b - Height regulations for projecting signs. Height requested 16 feet 4 inches Height permitted 12 feet Height variance needed: 4 feet 4 inches Sign B - Wall 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." Applicant is requesting permission to erect an additional wall sign measuring 12 feet by 1 foot. Sign C - Wall 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." Applicant is requesting permission to erect an additional wall sign measuring 12 feet by 1 foot. MOTION: IN RESPECT TO CASE NUMBER 04-030 IT IS MOVED TO APPROVE ONE SIGN (MOST SOUTHERLY SIGN) ON THE WEST SIDE OF THE BUILDING AND THE PROJECTION SIGN AT 16.4 FEET. BOTH SIGNS ARE APPROVED FOR THE PURPOSE OF IDENTIFYING THE BUSINESS.
5. Case No. 04-031 filed by Behrouz Pakray of Designer Rugs & Furniture at 43381 Grand River Avenue Mr. Pakray of Designer Rugs & Furniture is requesting one (1) sign variance to erect an additional wall sign to be located at 43381 Grand River Avenue for Designer Rugs & Furniture. The store is located on the southeast corner of Novi Road and Grand River Avenue. 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." The applicant is requesting an additional wall sign for business identification. MOTION: IN RESPECT TO CASE NUMBER 04-031 IT IS MOVED TO APPROVE THE VARIANCE REQUEST UNDER THE FOLLOWING CONDITIONS FOR THE PURPOSE OF BUSINESS IDENTIFICATION: THE HEIGHT OF THE SIGN BE NO MORE THAN ONE (1) FOOT AND THE LENGTH BE NO MORE THAN TEN (10) FEET. THE SALE SIGNS IN THE WINDOWS ARE TO BE REMOVED. NO OUTSIDE DISPLAY OF RUGS ARE ALLOWED. THIS VARIANCE APPROVAL IS FOR DESIGNER RUGS & FURNITURE ONLY AND IS NOT APPROVED FOR ANY POSSIBLE FUTURE BUSINESS THAT MAY OPERATE IN THE SAME BUILDING.
THE APPROVAL IS BOTH UNDER CONTINUING JURISDICTION AND IS A CONDITIONAL VARIANCE. IF THERE IS A VIOLATION OF THE CONDITIONS LISTED ABOVE, THE ZONING BOARD OF APPEALS HAS THE ABILITY TO REVOKE THE VARIANCE.
6. Case No. 04-032 filed by Steve Powers for 48035 Bellagio Court Mr. Powers is requesting a 78 square foot variance for the construction of an attached garage located at 48035 Bellagio Court. Property is Zoned R-A, less than one (1) acre in size. The property is located south of Nine Mile Road and west of Beck Road in the Bellagio Subdivision. NOVI CODE OF ORDINANCES: Section 2503, Paragraph 1 (G) "Accessory Buildings" state that the aggregate floor space of all accessory buildings on a lot shall not exceed 1000 square feet in an R-A Zoning District. Proposed Attached Garage 1078 Square Feet Maximum Allowable By Ordinance 1000 Square Feet Variance Requested 78 Square Feet MOTION: IN CASE NUMBER 04-032 THE PETITIONER’S VARIANCE REQUEST BE APPROVED. THIS IS A LARGE LOT IN A LARGE SUBDIVISION AND IS SIMILAR IN NATURE TO OTHER CASES .
7. Case No. 04-033 filed by Vaun Poplogar of State Permit for the Amoco gas station at 43420 Twelve Mile Road Mr. Poplogar is requesting one (1) sign variance to allow the sign change from Amoco Gas Station to BP Gas Station located at 43420 Twelve Mile Road on the northwest corner of Twelve Mile and Novi Roads. The variance is required because the original sign for Amoco Oil Company received a Zoning Board of Appeals Case No. 91-74A-C variance approval for the height and square footage of the sign. The approved verbiage for the sign was stated as "Amoco." The applicant is requesting a change of verbiage on the sign from "Amoco" to read "BP." The new proposed sign will be 41.43 square feet. The existing Amoco sign measures 41.66 square feet. CASE NO. 04-033 WAS TABLED TO JUNE 1, 2004 MEETING DUE TO LACK OF REPRESENTATION
8. Case No. 04-034 filed by Vaun Poplogar of State Permit for the Amoco gas station at 39471 Twelve Mile Road Mr. Poplogar is requesting one (1) sign variance to allow the sign change from Amoco Gas Station to BP Gas Station located on 39471 Twelve Mile Road on the southwest corner of Twelve Mile and Haggerty Roads. The variance is required because the original sign for Amoco Oil Company received a Zoning Board of Appeals Case No. 91-73A-D variance approval for the height and square footage of the sign. The approved verbiage for the sign was stated as "Amoco." The applicant is requesting a change of verbiage on the sign from "Amoco" to read "BP." The new proposed sign will be 41.43 square feet. The existing Amoco sign measures 41.66 square feet. CASE NO. 04-034 WAS TABLED TO JUNE 1, 2004 MEETING DUE TO LACK OF REPRESENTATION
9. Case No. 04-035 filed by Deborah Whitehead for Starbucks Coffee Company at 27795 Novi Road Ms. Whitehead is requesting a temporary use approval to allow outdoor seating for property located at 27795 Novi Road (West Oaks Shopping Center) for a period of three (3) years from the date of the meeting. Applicant is requesting three (3) small Bistro Tables and six (6) chairs to be located on the ten (10) foot sidewalk outside their business. Note: Applicant has previously received an approved Temporary Use Permit for one (1) season – TUP 02-019. NOVI CODE OF ORDINANCES: Section 3004, Paragraph 3 "Temporary Use Permits" states that temporary uses shall not exceed a twelve month period in an developed section of the community. Applicant is requesting a three (3) year temporary use permit approval. MOTION: WITH RESPECT TO CASE NUMBER 04-035 THAT THE PETITIONER’S REQUEST BE GRANTED FOR A THREE-YEAR PERIOD WITH CONTINUED JURISDICTION BY THE BUILDING DEPARTMENT .
10. Case No. 036 filed by G. Michael Kahm of Singh of Willowbrook III, LLC for Willowbrook Farms Subdivision Mr. Kahm representing Willowbrook Farms Subdivision is requesting a two (2) foot height variance for the installation of an eight (8) foot high fence to be located on the north property line of the Willowbrook Farms Subdivision Phase #3. The request is to install the fence along the rear property line of lots 87 through lot 94 on Scarborough Lane. Property is Zoned R-4 and located east of Meadowbrook Road and south of Grand River Avenue. NOVI CODE OF ORDINANCES: Section 2515; Paragraph 1(a) (1) "Fences" states that fences on all lots of record in all residential districts, which enclose property and/or are within a required sideyard….shall not exceed six (6) feet in height. Proposed Fence Height 8 Feet Maximum Fence Height Allowable 6 Feet Variance Requested 2 Feet MOTION: IN CASE NUMBER 04-036 THE PETITIONER HAS DEMONSTRATED A NEED FOR SCREENING AND HIS VARIANCE REQUEST MAY BE GRANTED.
11. Case No. 04-037 filed by Mr. and Mrs. Patrick Dunn for residence at 22145 Daleview Drive. Mr. & Mrs. Dunn are requesting a 6.4 foot front yard setback variance for the construction of an attached garage addition to the single family home located at 22145 Daleview Drive. Property is Zoned R-1 and located south of Nine Mile Road between Taft and Beck Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400 "Schedule of Regulations" requires a minimum of a thirty (30) foot front yard setback in an R-1 Zoning District. Required Front Yard Setback 30 Feet Proposed Front Yard Setback 23.6 Feet Variance Requested 6.4 Feet MOTION: IN CASE NUMBER 04-037 THE PETITIONER HAS DEMONSTRATED A DEFINITE HARDSHIP AND THE REQUEST FOR A VARIANCE BE GRANTED.
12. Case No. 04-038 filed by Mr. Terry Ahola for Jimmie’s Rustic Furniture Store at 48700 Grand River Avenue Mr. Ahola is requesting a temporary use approval for the outdoor display of outdoor furniture at 48700 Grand River (Jimmies’s Rustic Furniture Store) for a three (3) year period from March 1st to October 15th during their business hours. Property is located north of Grand River and east of Wixom Road. Applicant has received six (6) yearly Temporary Use approvals – TUP’s 93-027, 94-003, 95-005,96-011, 97-013, & 03-010. NOVI CODE OF ORDINANCES: Section 3004, Paragraph 3 "Temporary Use Permits" state that temporary uses shall not exceed a twelve month period in a developed section of the community. Applicant is requesting a three (3) year temporary use permit approval. MOTION: IN CASE NUMBER 04-038 THAT IT BE MOVED TO GRANT THE VARIANCE REQUEST BECAUSE THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY.
13. Case No. 04-039 filed by Mr. & Mrs. Patrick Ziarnik for residence at 1601 West Lake Drive Mr. & Mrs. Ziarnik are requesting two (2) side yard setback variances for the construction of a patio enclosure and two (2) variances for the construction of a gazebo located at 1601 West lake Drive. Applicant is requesting a five (5) foot side yard setback variance and an eleven (11) foot variance for the total aggregate side yard setback of two (2) sides for the construction of the patio enclosure. A four (4) foot side yard setback variance. A variance to construct a second detached accessory structure is requested for the construction of a gazebo. Property is Zoned R-4 and located east of West Park Drive and south of Pontiac Trail. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet and a minimum aggregate setback of two side yards of twenty-five (25) feet. Minimum Side Yard Setback Required 10 Feet Minimum Side Yard Setback Proposed 5 Feet Variance Requested 5 Feet Minimum Aggregate Of Two Sides Required 25 Feet Minimum Aggregate Of Two Sides Proposed 14 Feet Variance Requested 11 Feet NOVI CODE OF ORDINANCES; Section 2503, Paragraphs 1D and 1G "Accessory Buildings" states that no detached accessory building shall be located closer than six (6) feet to any side yard and not more than one accessory building shall be permitted on any lot having less than 21,780 square feet of area. Minimum Side Yard Setback Required 6 Feet Minimum Side Yard Setback Proposed 4 Feet Variance Requested 2 Feet Proposed Number Of Accessory Structures 2 Maximum Number Of Accessory Structures allowed 1 Variance Requested 1 MOTION: IN THE MATTER OF CASE NUMBER 04-039 MOVE TO APPROVE THE VARIANCES REQUESTED FOR THE ENCLOSURE OF THE PORCH DUE TO THE LOT SIZE AND CONFIGURATION AND THE FACT THAT THIS WILL NOT IMPOSE ANY MORE FOOTPRINT ON THE EXISTING AND THAT THE GAZEBO HAS BEEN WITHDRAWN. 14. Case No. 04-040 filed by Bryan Letourneau for residence at 50191 Nine Mile Road Mr. Letourneau is requesting an eleven (11) foot minimum side yard setback variance and a variance of 7 feet 9 inches for the minimum aggregate total of two side yards for the construction of an addition and attached garage to the property located at 50191 Nine Mile Road. Property is Zoned R-A and is located between Garfield and Napier Road south of Nine Mile Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a minimum side yard setback of twenty (20) feet and a minimum aggregate setback of two side yards at fifty (50) feet in an R-A Zoning District. Minimum Side Yard Setback Required 20 Feet Minimum Side Yard Setback Proposed 9 Feet Variance Requested 11 Feet Minimum Aggregate Of Two Sides Required 50 Feet Minimum Aggregate Of Two Sides Proposed 42 Feet 3 Inches Variance Requested 7 Feet 9 Inches CASE NO. 04-040 WAS TABLED TO JUNE 1, 2004 MEETING
15. Case No. 04-041 filed by John Anderson for residence at 1361 East Lake Mr. & Mrs. Anderson are requesting four (4) variances for the construction of a new home and detached garage located at 1361 East Lake Drive. Applicant is requesting a six (6) inch side yard setback variance on the north side, a twelve foot (12) side yard setback variance on the south side, a 12.5 foot variance for the aggregate total of both side yards and 9.25% lot coverage variance. Property is located on the east side of East Lake Drive between Thirteen and Fourteen Mile Road and is Zoned R-4. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with an aggregate total of two sides being twenty-five (25) feet and a maximum lot coverage of twenty-five (25) percent. Minimum Side Yard Setback Required (North Side) 10 Feet Minimum Side Yard Setback Proposed (North Side) 9 Feet 6 Inches Variance Requested 0 Feet 6 Inches Side Yard Setback Required (South Side) 15 Feet Side Yard Setback Proposed (South Side) 3 Feet Variance Requested 12 Feet Minimum Aggregate Of Two Side Yards Required 25 Feet Minimum Aggregate Of Two Side Yards Proposed 12 Feet 6 Inches Variance Requested 12 Feet 6 Inches Lot Coverage Proposed 34.25% Maximum Lot Coverage 25 % Variance Requested 9.25% CASE NO. 04-041 WAS TABLED TO JUNE 1, 2004 MEETING
16. Case No. 04-042 filed by Brett Johnson for residence at 24117 Wintergreen Circle Mr. Johnson is requesting a four (4) foot rear yard setback variance for the construction of a covered porch over an existing deck for the residence located at 24117 Wintergreen Circle in the Wintergreen Park Subdivision. Property is Zoned R-1 and located south of Ten Mile Road between Taft and Beck Roads. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum rear yard setback of thirty-five (35) feet. Required Rear Yard Setback 35 Feet Proposed Rear Yard Setback 31 Feet Variance Requested 4 Feet
MOTION: IN CASE NUMBER 04-042 FILED BY BRETT JOHNSON ITIS MOVED THAT THE PETITIONER’S REQUEST BE GRANTED AS HIS REQUEST IS WITHIN THE SPIRIT OF THE ORDINANCE.
17. Case No. 04-043 filed by John Florian for Husky Injection Molding Systems, Inc. Mr. Florian is requesting one (1) sign variance for a height increase of four feet 11 inches (4’ 11") on the current sign for Husky Injection Molding Systems, Inc., which is located at 45145 W. Twelve Mile Road between Beck and Novi Roads. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2.ii states: "All other ground signs shall not exceed a height of five (5) feet." Height Requested 9 feet 11 inches Height Permitted 5 feet Height Variance: 4 feet 11 inches MOTION: IN CASE NUMBER 04-043 THE PETITIONER’S REQUEST BE GRANTED DUE TO TOPOGRAPHY AND SAFETY.
OTHER MATTERS 1. Case No. 04-005 filed by Jill E. Porter for the residence at 23034 Balcombe Street (presented and approved at the February 3, 2004 ZBA meeting). Mrs. Porter is requesting a six (6) month extension for the requirement of the 90-day time frame for the permit to be obtained. If approved, the time limit for the permit to be obtained would expire on November 3, 2004. CASE NO. 04-005 - A SIX-MONTH EXTENSION WAS APPROVED
Meeting Adjourned at 9:42 pm.
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