| 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, Fischer, Gronachan, and Sanghvi Rules of Conduct:
Approval of Agenda – approved as amended Approval of Minutes – December 7, 2004 and January 4, 2005 Public Remarks - none 1. Case No. 04-127 filed by Husam Khoury for residence at 1935 West Lake Drive located east of West Park Drive and south of Pontiac Trail Mr. Khoury is requesting five (5) variances for the extensive remodeling of his residence located at 1935 West Lake Drive. Applicant is requesting a six and a half (6.5) foot variance for the east side yard setback, a five and a half (5.5) foot variance for the west side yard setback, a twelve (12) foot variance for the combined aggregate total of both side yards, a five (5) foot variance for the front yard setback and a lot coverage variance of ten (10) percent. 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" a minimum side yard setback of ten (10) feet with a combined aggregate total side yard setback of twenty-five (25) feet, a front yard setback of thirty (30) feet and a maximum lot coverage of twenty-five (25) percent for properties located in an R-4 zoning district. REQUIRED EAST SIDE YARD SETBACK 15 FEET PROPOSED EAST SIDE YARD SETBACK 8.5 FEET VARIANCE REQUESTED 6.5 FEET REQUIRED WEST SIDE YARD SETBACK 10 FEET PROPOSED WEST SIDE YARD SETBACK 4.5 FEET VARIANCE REQUESTED 5. 5 FEET REQUIRED COMBINED TOTAL SIDE YARDS 25 FEET PROPOSED COMBINED TOTAL SIDE YARDS 13 FEET VARIANCE REQUESTED 12 FEET REQUIRED FRONT YARD SETBACK 30 FEET PROPOSED FRONT YARD SETBACK 25 FEET VARIANCE REQUESTED 5 FEET LOT COVERAGE PROPOSED 35 PERCENT MAXIMUM LOT COVERAGE 25 PERCENT VARIANCE REQUESTED 10 PERCENT MOTION: With respect to Case No. 04-127 move that Petitioner’s request as submitted be approved due to lot configuration.
2. Case No. 04-120 filed by Don Wallace for Toys R Us at 43460/43480 West Oaks Drive Mr. Wallace is requesting twelve (12) variances that are required to split the property known as Toys R Us and Kids R Us located at 43460 and 43480 West Oaks Drive. Applicant is requesting a south front yard parking setback variance of twenty (20) feet (both buildings), an east and west side yard parking setback variance of ten (10) feet (both buildings), an east and west side yard building setback variance of one-hundred (100) feet (both buildings) a Twenty (20) foot rear yard setback variance for Toy’s R Us and a Twenty-five (25) foot rear yard setback variance for Kids R Us. Properties are zoned RC (Regional Center) and is located south of Twelve Mile Road and west of Novi Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulation" requires a minimum front, rear and side yard building setback of one- hundred (100) feet, a minimum front yard parking setback of twenty (20) feet and minimum side yard parking setback of ten (10) feet.
TOYS R US REQUIRED SIDE YARD BUILDING SETBACK (EAST) 100 FEET PROPOSED SIDE YARD BUILDING SETBACK (EAST) 0 FEET VARIANCE REQUESTED 100 FEET REQUIRED SIDE YARD BUILDING SETBACK (WEST) 100 FEET PROPOSED SIDE YARD BUILDING SETBACK (WEST) 0 FEET VARIANCE REQUESTED 100 FEET REQUIRED REAR YARD BUILDING SETBACK 100 FEET PROPOSED REAR YARD BUILDING SETBACK 80 FEET VARIANCE REQUESTED 20 FEET REQUIRED FRONT YARD PARKING SETBACK (SOUTH) 20 FEET PROPOSED FRONT YARD PARKING SETBACK (SOUTH) 0 FEET VARIANCE REQUESTED 20 FEET REQUIRED SIDE YARD PARKING SETBACK (EAST) 10 FEET PROPOSED SIDE YARD PARKING SETBACK (EAST) 0 FEET VARIANCE REQUESTED 10 FEET REQUIRED SIDE YARD PARKING SETBACK (WEST) 10 FEET PROPOSED SIDE YARD PARKING SETBACK (WEST) 0 FEET VARIANCE REQUESTED 10 FEET KIDS R US REQUIRED SIDE YARD BUILDING SETBACK (EAST) 100 FEET PROPOSED SIDE YARD BUILDING SETBACK (EAST) 0 FEET VARIANCE REQUESTED 100 FEET REQUIRED SIDE YARD BUILDING SETBACK (WEST) 100 FEET PROPOSED SIDE YARD BUILDING SETBACK (WEST) 0 FEET VARIANCE REQUESTED 100 FEET REQUIRED REAR YARD BUILDING SETBACK 100 FEET PROPOSED REAR YARD BUILDING SETBACK 75 FEET VARIANCE REQUESTED 25 FEET REQUIRED FRONT YARD PARKING SETBACK (SOUTH) 20 FEET PROPOSED FRONT YARD PARKING SETBACK (SOUTH) 0 FEET VARIANCE REQUESTED 20 FEET REQUIRED SIDE YARD PARKING SETBACK (EAST) 10 FEET PROPOSED SIDE YARD PARKING SETBACK (EAST) 0 FEET VARIANCE REQUESTED 10 FEET
REQUIRED SIDE YARD PARKING SETBACK (WEST) 10 FEET PROPOSED SIDE YARD PARKING SETBACK (WEST) 0 FEET VARIANCE REQUESTED 10 FEET MOTION: With respect to Case No. 04-120 move that the petitioner’s variance requests be approved based upon the conditions noted in the January 10th letter from Timothy Schmitt, PLANNER, CITY OF NOVI.
3. Case No. 05-001 filed by William Wingfield for Tradewinds Spa at 41787 Grand River located south of Grand River and west of Meadowbrook Road. Mr. Wingfield with Tradewinds Spas is requesting an exception/special use approval to allow the continued placement of an 8’ x 8’ arbor located adjacent to the building at 41787 Grand River known as Tradewinds Spas. Property is zoned NCC and subject to the principle uses permitted in Section 901 of the Novi Code of Ordinances. Property is located south of Grand River and west of Meadowbrook Road. NOVI CODE OF ORDINANCES: Section 3104, "Jurisdiction" states that the Zoning Board of Appeals shall have the power to authorize a use in a zoning district which is not otherwise permitted provided it is clearly shown that the land cannot be used for a zoned use, and shall be further empowered to act on those matters where this ordinance provides for an Administrative Review, Interpretation, Exception, Special Approval Permit and to authorize a variance as defined in this Section and Laws of the State of Michigan. Applicant is requesting the continued use of an 8’x 8’ arbor located at 41787 Grand River known as Tradewinds Spas. Applicant constructed the arbor to beautify the area and to have a place for the employees to eat their lunch and an outside showroom during the busy season.
MOTION: With respect to Case No. 05-001 move that petitioner’s request for special use approval be granted for this business only as it appears to be a harmless and a useful structure not only for his own benefit but also for his own employees.
4. Case No. 05-002 filed by Paul Deters from Metro Detroit Signs for Discount Tire located at 42990 Grand River. Mr. Deters of Metro Detroit Signs is requesting one sign variance to erect a monument sign at Discount Tire located at 42990 Grand River between Meadowbrook Road and Novi Road. There is currently one (1) illuminated building sign (illuminated letters) on this parcel. 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…" The applicant is requesting permission to erect a monument sign that reads Discount Tire Co. measuring 8 Ft. in length and 5 Ft. in height with a total of 40 Sq. Ft. CASE NO. 05-002 WAS TABLED BY THE BOARD TO THE MARCH 1, 2005. 5. Case No. 05-003 filed by Amy Davenport of ASI-Modulex for Telcom Credit Union at 45175 Twelve Mile between Novi Rd. and Beck Road. Ms. Davenport of ASI-Modulex Sign Company is requesting one sign variance to erect a third sign at Telcom Credit Union at 45175 Twelve Mile Road between Novi Road and Beck Road. The property is zoned OST. There are currently two (2) ground signs on the parcel. The additional ground sign was approved by ZBA Case No. 03-016. 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…" The applicant is requesting permission to erect an illuminated wall sign that reads Telcom Credit Union measuring 41.5 Ft. in length and 3 Ft. in height with a total of 124.5 Sq. Ft. CASE NO. 05-003 WAS TABLED BY THE BOARD TO THE MARCH 1, 2005 MEETING.
6. Case No. 05-004 filed by Vipen Khetarpal for residence at 46470 W. Ten Mile Road located north of Ten Mile Road between Taft and Beck Road Mr. Khetarpal is requesting an exception/special approval to allow a temporary use for the continued use of an existing residential building in the construction of a new detached single family residential building on the same parcel of land. Property is zoned R-4 and located north of Ten Mile Road between Taft and Beck Road at 46470 Ten Mile Road. NOVI CODE OF ORDINANCES: Section 3104 "Jurisdiction" states that the Zoning Board of Appeals shall be empowered to act on those matters where the Ordinance provides for an Administrative Review, Interpretation, Exception or Special Approval Permit and to authorize a variance as defined in this Section and Laws of the State of Michigan. Applicant is requesting a Temporary Use Approval to allow the continued use of an existing residential home in the construction of a new home on the same parcel of land. Property is zoned for One Family Detached Dwellings. MOTION: In respect to Case No. 05-004 move that petitioner’s request be granted for a temporary use of the current residence while the unsafe structures are removed prior to the new construction.
7. Case No. 05-005 filed by Robert Hayes, P.E. from the City of Novi for 27852 West Park Drive located on the northeast corner of West Park Drive and Twelve Mile Road for construction of a radio antenna. The City of Novi is a fifteen (15) foot east setback variance and a forty (40) foot north setback variance for the construction of a radio antenna at the City of Novi’s West Park Water Booster Station. Proposed radio antenna height is forty (40) feet. Property is located on the northeast corner of West Park Drive and Twelve Mile Road. NOVI CODE OF ORDINANCES: Section 2503.2.D states that structures such as private television antennas, pole antennas or other private communications antennas or towers shall be located in the rear yard so long as the height of the antenna or tower does not exceed the minimum horizontal distance from its base to the nearest property line. Except, in no case shall an antenna or tower exceed the maximum height limitation of the district in which it is located. REQUIRED ANTENNA SETBACK (NORTH PROPERTY LINE) 40 FEET PROPOSED ANTENNA SETBACK (NORTH PROPERTY LINE) 0 FEET VARIANCE REQUESTED 40 FEET REQUIRED ANTENNA SETBACK (EAST PROPERTY LINE) 40 FEET PROPOSED ANTENNA SETBACK (EAST PROPERTY LINE) 25 FEET VARIANCE REQUESTED 15 FEET MOTION: With respect to Case NO. 05-005 move that petitioner’s request be granted due to shown practical difficulty as the height cannot be lowered to remain effective.
OTHER MATTERS 1. Mock up sign per David Gilliam letter dated January 5, 2005 Mr. Gilliam provided two alternatives to the approved mock-up sign requirements. The Board voted to accept Alternative One with the modification of 30 days for removal of approved signs. The sign must be in a good and maintained condition. If denied the sign needs to be removed in 5 days. Formal amendment of Rules of Procedure will be placed on the agenda for the February 1, 2005. Motion made to accept formal amendment of Rules of Procedure. Passed 5 to 0.
Case no. 04-001 for Harold Frame Shop - called Alan Amolsch and reported that they re-timed the sign to correct the illumination problem. This is not to be illuminated from 7:00 p.m. to 7:00 a.m. Meeting adjourned at 8:49 p.m.
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