| View Agenda for this meeting View Minutes for this meeting REGULAR MEETING – ZONING BOARD OF APPEALS
– CITY OF NOVI Roll call Members Present Bauer, Brennan, Canup, Fischer, Gronachan, and Sanghvi Rules of Conduct:
Approval of Agenda – Approved as amended Approval of Minutes – Public Remarks - none 1. Case No. 05-044 filed by Xuan Tran and Hong Doan for residence at 1623 West Lake Drive which is located east of West Park Drive and south of Pontiac Trail.Xuan Tran and Hong Doan are requesting four (4) variances for the construction of a new home located at 1623 West Lake Drive. Applicant is requesting a 10 foot north side yard variance, a 4.4 foot south side yard variance with a 14.40 feet variance for the total of both side yard, and a variance to the grossly dissimilar appeal of the exterior architecture. 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" require a minimum side yard setback of ten (10) feet with a total of both side yards of twenty-five (25) feet and maximum lot coverage of 25% for all buildings on site. REQUIRED SIDE YARD SETBACK (NORTH) 15 FEET PROPOSED SIDE YARD SETBACK 5 FEET VARIANCE REQUESTED 10 FEET
REQUIRED SIDE YARD SETBACK (SOUTH) 10 FEET PROPOSED SIDE YARD SETBACK 5.6 FEET VARIANCE REQUESTED 4.4 FEET TOTAL OF BOTH SIDE YARDS REQUIRED 25 FEET TOTAL OF BOTH SIDE YARDS PROPOSED 10.6 FEET VARIANCE REQUESTED 14.4 FEET NOVI CODE OF ORDINANCES: Section 303, Paragraph 1 a. "Required Conditions" states that no building permit for any single-family detached dwelling shall be issued unless after review, the exterior architectural appeal and functionalism of the proposed single-family detached dwelling will not, when erected, be grossly dissimilar to the exterior architectural appeal and functionalism of the single family detached dwellings within the surrounding area. The applicant is requesting an approval or variance to the architectural design of the proposed dwelling. MOTION: WITH RESPECT TO CASE NO. 05-044 GRANT THE REQUEST OF THE APPLICANT FOR THE VARIANCES AS THEY HAVE REQUESTED BECAUSE OF THE LOT CONFIGURATION. 2. Case No. 05-046 filed by Karen Resseguie for residence at 23925 East Lebost which is located south of Ten Mile and east of Meadowbrook Road. Ms. Resseguie is requesting four (4) variances for the construction of an attached garage located at 23925 East Lebost. Applicant is requesting a five (5) foot front yard setback variance, a 6.5 foot NE side yard setback variance, a seven (7) foot NW side yard setback and a 13.5 foot side yard variance of both side yards. Property is zoned R-4 and located south of Ten Mile and east of Meadowbrook Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum front yard setback of thirty (30) feet, a minimum side yard setback of 10 feet with a total of both side yards of twenty-five (25) feet. REQUIRED FRONT YARD SETBACK 30 FEET PROPOSED FRONT YARD SETBACK 25 FEET VARIANCE REQUESTED 5 FEET MINIMUM REQUIRED SIDE YARD SETBACK (NE) 10 FEET MINIMUM PROPOSED SIDE YARD SETBACK (NE) 3.5 FEET VARIANCE REQUESTED 6.5 FEET
REQUIRED SIDE YARD SETBACK (NW) 15 FEET EXISTING SIDE YARD SETBACK (NW) 8 FEET VARIANCE REQUESTED 7 FEET REQUIRED TOTAL OF BOTH SIDE YARDS 25 FEET PROPOSED TOTAL OF BOTH SIDE YARDS 11.5 FEET VARIANCE REQUESTED 13.5 FEET MOTION: WITH RESPECT TO CASE NO. 05-046 APPROVE THE FOUR VARIANCES BASED ON MEETING ALL THE CRITERIA, SATISFYING THE NEIGHBORS, LOT SIZE AND CONFIGURATION OF THE PROPERTY ALONG WITH MATERIAL COMPATIBILITY OF THE EXISTING HOME. 3. Case No. 05-049 filed by Sami J. Harb of Beck-Novi LLC for Kirkway Place Subdivision located on Beck Road between Ten Mile and 11 Mile Road.Mr. Harb of Beck-Novi LLC is requesting one (1) sign variance to erect an additional subdivision entranceway sign to be located at Beck Road and Kirkway Blvd. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3)k "Only one (1) entranceway sign is permitted to a subdivision. The applicant is requesting permission to erect an additional subdivision entranceway sign to read "Kirkway Place. MOTION: WITH RESPECT TO CASE NO. 05-049 GRANT THE REQUEST OF THE APPLICANT FOR A SECOND SIGN FOR SUBDIVISION IDENTIFICATION. 4. Case No. 05-050 filed by Donna Sienkiewicz for residence at 298 Shamrock Hill which is located south of Thirteen Mile Road and west of Old Novi Road. Ms. Sienkiewicz is requesting a side yard setback variance of six (6) feet for the construction of an addition between the main building and the detached garage on the property located at 298 Shamrock Hill. Property is on Lots 183, 184, 185 of Shawood Walled Lake Heights Subdivision and is Zoned R-4 located south of Thirteen Mile and west of Old Novi Road. NOTE: Request for variance is measured from the existing garage. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet in a R-4 zoning district.
MINIMUM REQUIRED SIDE YARD SETBACK 10 FEET MINIMUM PROPOSED SIDE YARD SETBACK 4 FEET VARIANCE REQUESTED 6 FEET MOTION: WITH RESPECT TO CASE NO. 05-050 THAT THE PETITIONER’S REQUEST BE GRANTED FOR CONTINUITY OF THE RESIDENCE AND AESTHETIC REASONS. 5. Case No. 05-051filed by James and Geralyn Fowler for residence located at 24399 Willowbrook which is north of Ten Mile Road and east of Meadowbrook Road. Mr. & Mr. Fowler are requesting a one-hundred ninety-two (192) square foot variance for the maximum lot coverage of all accessory buildings on a single family residential site. Applicant is requesting to construct a detached garage. Property is zoned R-4 and located north of Ten Mile Road and east of Meadowbrook Road. NOVI CODE OF ORDINACES: Section 2503, Paragraph 1E (1) states in residential district, the aggregate of all accessory buildings on the property shall not exceed 850 square feet in an R-4 zoning district. PROPOSED SQUARE FEET OF ALL ACCESSSORY BUILDINGS 1042 SQ. FT. MAXIMUM ALLOWABLE OF ALL ACCESSORY BUILDINGS 850 SQ. FT. VARIANCE REQUESTED 192 SQ. FT. MOTION: WITH RESPECT TO CASE NO. 05-051 THAT THE VARIANCE BE GRANTED AS REQUESTED DUE TO A SIGNIFICANT HARDSHIP ON THE OWNER OF STORAGE SPACE AND THAT THE ARCHITECTURE AND MATERIALS MATCH THE EXISTING HOME AND ALL BUILDING CODES BE FOLLOWED. 6. Case No. 05-052 filed by Christopher White of Ospery Homes, Inc. for the residence located at 156 Rexton which is south of Pontiac Trail and east of West Park Drive. Mr. White of Ospery Homes, Inc. is requesting a four (4) foot front yard setback variance for the construction of a new home located at 156 Rexton, Lots 68 and 69 of Lake Wall Subdivision, Sidwell # 50-22-03-127-005. Property is a corner lot zoned R-4, located south of Pontiac Trail and east of West Park Drive. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations requires a thirty (30) foot minimum front yard setback in an R-4 zoning district.
REQUIRED FRONT YARD SETBACK 30 FEET PROPOSED FRON T YARD SETBACK 26 FEET VARIANCE REQUESTED 4 FEET MOTION: WITH RESPECT TO CASE NO. 05-052 GRANT THE PETITIONER’SREQUEST FOR THE FOUR (4) FOOT VARIANCE BECAUSE OF THE LOT CONFIGURATION AND CONSTRUCTION OF A NEW HOME WILL DEFINATELY ENHANCE THE NEIGHBORHOOD. 7. Case No. 05-053 filed by Dennis Smith for residence at 1320 East Lake Road which is located south of Fourteen Mile Road and west of East Lake Road. Mr. Smith is requesting five (5) variances for the construction of a second floor addition to the home located at 1320 East Lake Road. Applicant is requesting three (3) side yard setback variances; a 7.46 foot minimum north side yard setback variance, a 7.61 foot south side yard setback variance with a combined total of both side yards variance of 15.07 feet, a 27.51 foot front yard setback variance and a lot coverage variance of 14%. Property is zoned R-4 and located south of Fourteen Mile Road and west of East Lake Road. NOVI CODE OF ORDINANCES: ARTICLE 24, Section 2400, "Schedule of Regulations" requires a front yard setback of thirty (30) feet, a minimum side yard setback of ten (10) feet with an aggregate total side yard setback of twenty-five (25) feet for both side yards and maximum lot coverage of twenty-five (25%) percent. REQUIRED FRONT YARD SETBACK 30 FEET PROPOSED FRONT YARD SETBACK 2.49 FEET VARIANCE REQUESTED 27.51 FEET MINIMUM SIDE YARD SETBACK (NORTH) 10 FEET PROPOSED SIDE YARD SETBACK (NORTH) 2.54 FEET VARIANCE REQUESTED 7.46 FEET REQUIRED SIDE YARD SETBACK (SOUTH) 15 FEET PROPOSED SIDE YARD SETBACK (SOUTH) 7.39 FEET VARIANCE REQUESTED 7.61 FEET REQUIRED SETBACK OF BOTH SIDE YARDS 25 FEET PROPOSED SETBACK OF BOTH SIDE YARDS 9.93 FEET VARIANCE REQUEST 15.07 FEET PROPOSED LOT COVERAGE 39 % MAXIMUM ALLOWABLE LOT COVERAGE 25 % VARIANCE REQUESTED 14 % MOTION: WITH RESPECT TO CASE NO. 05-053 GRANT THE REQUEST OF THE APPLICANT FOR THE VARIANCES REQUESTED BECAUSE OF THE LOT CONFIGURATION.8. Case No. 05-054 filed by George Baczewski for residence at 1945 West Lake Drive which is located south of Pontiac Trail and east of West Park Drive. This case was tabled by the Board to the September 13, 2005 ZBA meeting. Mr. Baczewski is requesting three (3) side yard variances for the construction of a new home located at 1945 West Lake Drive, Lot 18, Bentley Subdivision. Applicant is requesting a minimum side yard setback variance of eight (8) feet, a remaining side yard setback of eleven (11) feet with a combined total variance of both side yards at 19 feet. Property is zoned R-4 and located south of Pontiac Trail and east of West Park Drive. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a minimum side yard setback of ten (10) feet with a combined total of both side yards at twenty-five (25) feet. MINIMUM REQUIRED SIDE YARD SETBACK 10 FEET MINIMUM PROPOSED SIDE YARD SETBACK 2 FEET VARIANCE REQUESTED 8 FEET REMAINING REQUIRED SIDE YARD SETBACK 15 FEET REMAINING PROPOSED SIDE YARD SETBACK 4 FEET VARIANCE REQUESTED 11 FEET REQUIRED TOTAL OF BOTH SIDE YARDS 25 FEET PROPOSED TOTAL OF BOTH SIDE YARDS 6 FEET VARIANCE REQUESTED 19 FEET 9. Case No. 05-055 filed by John T. Calvas of CMC Partners for a lot reconfiguration for the property identified as Sidwell #50-22-22-17-101-012 and 50-22-22-17-101-010 which is located south of Grand River and east of Wixom Road. Mr. John T. Calvas is requesting a variance to the City of Novi Zoning Ordinance that requires that no lot or parcel of land shall be used for any purpose permitted unless said lot or parcel shall front directly upon a public street. Applicant is requesting a lot reconfiguration (split) for the property identified as Sidwell # 50-22-22-17-101-012 and 50-22-22-17-101-010 without public road frontage. Property is zoned I-1 and located south of Grand River Avenue and east of Wixom Road. NOVI CODE OF ORDINANCES: Section 2517, "Frontage on a Public Street" states: That no lot or parcel of land shall be used for any purpose permitted by this Ordinance unless said lot or parcel shall front directly upon a public street, unless provided for in this Ordinance. Proposed reconfiguration (split) does not indicate the required frontage on a Public Street. MOTION: WITH RESPECT TO CASE NO. 05-055 TO DENY THE REQUEST FOR A VARIANCE DUE TO THE PETITIONER NOT HAVING PROVIDED SUFFICIENT INFORMATION REGARDING THE NATURE OF THE PROPOSED EASEMENT ACCESS AND NOT HAVING SHOWN A PRACTICAL DIFFICULTY THAT UNREASONABLY PREVENTS THE USE OF THE PROPERTY AS CURRENTLY CONFIGURED; THE LACK OF PUBLIC ROAD ACCESS TO THE PROPOSED REAR PARCEL IS SELF-CREATED. 10. Case No. 05-056 filed by Lee J. Mamola of Mamola Associates Architects P.C. for 26870 Beck Road known as Re/Max Office Centre which is located east of Beck Road and south of Grand River. Mr. Mamola is requesting two (2) variances for the construction of a two (2) story general office use building known as Re/Max Office Centre at 26870 Beck Road, Sidwell # 5022-22-16-300-001. Applicant is requesting a variance for the deficiency of two (2) parking spaces and the elimination of the loading zone area. Property is zoned OS-1, Office Service District and located east of Beck Road and South of Grand River Avenue. NOVI CODE OF ORDINANCES; Section 2505.14.d.2 "Parking Space Requirements" requires one (1) parking space for each two hundred twenty-two (222) square feet GLA (Gross Leasable Area.) REQUIRED PARKING SPACES 33 SPACES PROPOSED PARKING SPACES 31 SPACES VARIANCE REQUIRED 2 SPACES NOVI CODE OF ORDINANCES; Section 2507.1, States that within the OS Districts, loading space shall be provided in the rear yard or in the case of a double frontage lot, in the interior side yard, in the ratio of five (5) square feet per front foot of building up to a total area of three hundred sixty (360) square feet per building. Applicant is requesting the elimination of the loading zone area. MOTION: WITH RESPECT TO CASE NO. 05-056 GRANT THE TWO (2) VARIANCES AS REQUESTED DUE TO A DEMONSTRATED HARDSHIP AND THAT THE MOTION IS PREDICATED UPON THE GRANTING OF THE PRESERVATION EASEMENTS AS PRESENTED TO THIS BOARD. 11. Case No. 05-057 filed by Sign Fabricators for The Second City located at 42705 Grand River located east of Novi Road and south of Grand River. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b1.(b)iv. states: "…a wall sign for a business on a second floor that does not have a separate direct entrance to that business from outside the building, said permitted sign is to be a maximum of twenty-four (24) feet in area…" The Applicant is requesting permission to erect one (1) wall sign. Requested: 40 square feet Permitted: 24 square feet Variance needed: 16 square feet MOTION: WITH RESPECT TO CASE NO. 05-057 GRANT THE VARIANCE AS REQUESTED BY THE PETITIONER WITH THE UNDERSTANDING THAT IT IS TO SAY "THE SECOND CITY" ONLY AND LIMITED TO THIS PETITIONER ONLY AND IF THIS PETITIONER SHOULD VACATE THE PROPERTY OR TERMINATE THE LEASE THAT THE SIGN VARIANCE DOES NOT CONTINUE WITH THE BUILDING.12. Case No. 05-058 filed by Paul and Mary Bertin for residence at 29425 Whistler Dr. which is located south of Thirteen Mile Road and west of Novi Road. Mr. & Mrs. Bertin are requesting an interpretation or a height variance of 6.5 feet for the existing constructed fence/trellis that is located in the side yard of Lot #3, 29425 Whistler Drive. Property is zoned R-4 and is located south of Thirteen Mile Road and west of Novi Road. Applicant is seeking a favorable interpretation regarding the installed structure that it is a trellis and not a fence as indicated in Section 2515 of the Novi Code of Ordinances and that the provisions of Section 2515 would not apply. Or NOVI CODE OF ORDINANCES: Section 2515, Paragraph 1a (1) states fences on all lots of record in all residential districts, which enclose property and/or are within a required side yard shall not exceed six (6) feet in height. EXISTING TRELLIS/FENCE HEIGHT 12 FEET 6 INCHES MAXIMUM HEIGHT ALLOWABLE 6 FEET VARIANCE REQUESTED 6 FEET 6 INCHES MOTION: WITH RESPECT TO CASE NO. 05-058 THAT THE ZONING BOARD OF APPEALS HAD INTERPRETED THAT THE PETITIONER BE ALLOWED CONTINUED USE OF THE INTACT "TRELLIS", "A PRIVACY SCREENING MECHANISM" ON THEIR PROPERTY FOR THIS PETITIONER ONLY, AT THIS LOCATION WITH THIS DESIGN UNDER THE CONDITIONS. 13. Case No. 05-059 filed by Wayne Paddock for residence at 23955 West LeBost which is located south of Ten Mile Road and east of Meadowbrook Road. Mr. Paddock is requesting four (4) variances for the construction of an attached garage for the home located at 23995 W. Lebost. Applicant is requesting three (3) side yard setback variances; a minimum west side yard setback variance of four (4) feet, an east side yard setback of two (2) feet with a combined total side yard setback six (6) feet for both sides. Applicant is also requesting a 308 square foot variance for the total square feet of all accessory buildings in an R-4 zoning district. Property is located south of Ten Mile Road and east of Meadowbrook Road. 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 both side yards of twenty-five (25) feet in an R-4 zoning district. MINIMUM SIDE YARD SETBACK (WEST) 10 FEET PROPOSED SIDE YARD SETBACK (WEST) 6 FEET VARIANCE REQUESTED 4 FEET REQUIRED SIDE YARD SETBACK (EAST) 15 FEET PROPOSED SIDE YARD SETBACK (EAST) 13 FEET VARIANCE REQUESTED 2 FEET REQUIRED TOTAL BOTH SIDE YARDS 25 FEET PROPOSED TOTAL BOTH SIDE YARDS 19 FEET VARIANCE REQUESTED 6 FEET NOVI CODE OF ORDINANCES: Section 2503, Paragraph 1E(1) " Accessory Buildings" requires a maximum of 850 square feet of all accessory buildings on a parcel of property in an R-4 zoning district. PROPOSED SQUARE FEET OF ACCESSORY BUILDINGS 1158 SQUARE FEET MAXIMUM ALLOWABLE SQUARE FEET OF ACC. BLDGS. 850 SQUARE FEET VARIANCE REQUESTED 308 SQUARE FEET MOTION: WITH RESPECT TO CASE NO. 05-059 THAT THE VARIANCE REQUESTED FOR A FOUR (4 ) FOOT WEST SIDEYARD SETBACK, A TWO (2) FOOT EAST SIDEYARD SETBACK WITH A TOTAL SIDEYARD SETBACK VARIANCE REQUEST OF SIX (6) FOOT BE APPROVED DUE TO LOT SIZE AND CONFIGURATION AND THAT THE APPLICANT HAS REDUCED THE SIZE OF THE BUILDING TO A 24’ X 24’ ATTACHED GARAGE. MEETING ADJOURNED AT 10:00 P.M.
|