View Action Summary for this meeting
View Minutes for this meeting
 

REGULAR MEETING – ZONING BOARD OF APPEALS

CITY OF NOVI

Tuesday May 8, 2007– 7:30 p.m.

Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call Members Bauer, Canup, Fischer, Gatt, Krieger, Sanghvi and Shroyer

Pledge of Allegiance

Public Hearing Format and Rules of Conduct:

  1. Please turn off pagers and cell phones during the meeting.
  2. Applicant/Representative will be asked to come forth, state their name and address and be sworn in by the Secretary.
  3. Applicants/Representatives will be allowed five (5) minutes to address the Board and present their case. An extension of time may be granted at the discretion of the Chairperson.
  4. Anyone in the audience who wishes to address the Board regarding the current case will be asked by the Chairperson to raise their hands to be recognized.
  5. Once recognized, audience members addressing the Board will be sworn in and given three (3) minutes to speak as an individual or ten (10) minutes to speak if representing a group.
  6. Members of the audience will be allowed to address the Board once unless directly questioned by a Board member or the Chairperson.
  7. The Secretary will read the number of public hearing notices mailed pertaining to the current case. Objection and approval responses will be entered into the record at this time.
  8. The Chairperson will ask for input from the Community Development Department Liaison, the Ordinance Enforcement Officer, the Planning Department and the City Attorney.
  9. The Chairperson will turn the case over to the Board for discussion, clarification and entertain a motion when appropriate.
  10. Impromptu statements from the audience during discussion by the Board will be considered out-of-order.
  11. A roll call vote will be taken to approve or deny the motion on the table and the next case will be called.

Approval of Agenda

Approval of Minutes March 6, 2007

Public Remarks

1.  Case No.07-015 filed by Chad Haskins of Pulte Homes for 28430 Witherspoon Drive

Pulte Homes is requesting a Temporary Use Permit renewal for the continued placement of a temporary construction trailer on Lot 297 of Liberty Park at 28430 Witherspoon Drive from May 8, 2007 through May 8, 2009. The property is zoned RA and located west of Dixon Road and north of Twelve Mile Road.

CITY OF NOVI, CODE OF ORDINANCES Section 3004 (3), "Temporary Use Permits" states: "The Building Official, or his designee, shall have the power to grant permits authorizing temporary special land uses for…temporary buildings…not to exceed two (2) years in undeveloped sections of the City.

Applicant is requesting a Temporary Use Permit renewal for a construction trailer.

2.  Case No. 07-016 filed by David Tremonti of Oliver/Hatcher Construction for Novi Promenade Out Lot #1

Oliver Hatcher Construction is requesting a variance to allow loading and unloading in the interior side yard for Novi Promenade Out Lot # 1. The property is zoned B-3 and located south of Grand River and east of Wixom Road.

CITY OF NOVI, CODE OF ORDINANCES Section 2507 (2) "Off-street Loading and Unloading" states: "Within the B…District(s), loading space shall be provided in the rear yard at a ratio of ten (10) square feet for each front foot of building."

Applicant is requesting loading and unloading be permitted in an interior side yard.

3.  Case No. 07-017 filed by Art Labelle and Terry Ulch of Aver Sign Company for 24141 Novi Road - Marathon Gas

Aver Sign Company is requesting a two-foot height variance for the placement of a ground sign for the Marathon Gas Station located at 24141 Novi Road. The property is zoned B-3 and located south of Grand River and west of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES Section 28-5 (2) a. 2. ii states: "All other ground signs shall not exceed a height of six (6) feet."

Applicant is requesting a two-foot height variance for a ground sign at Marathon Gas Station.

4.  Case No. 07-018 filed by David Suhr for 22565 Winfield Road

Applicant is appealing a decision made by the Building Official authorizing a basketball apparatus located at 22565 Winfield Road in the Village Oaks Subdivision. The property is zoned R-3 and located north of Nine Mile and west of Haggerty Road.

CITY OF NOVI, CODE OF ORDINANCES Section 3102 "Appeal" states: "An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision of the Building Official."

CITY OF NOVI, CODE OF ORDINANCES Section 3104 1. a. "Administrative Review" states: "The Zoning Board of Appeals shall…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 provisions of this Ordinance."

Applicant is appealing a decision made by the Building Official authorizing a basketball apparatus in the side yard of the home at 22565 Winfield Road.

5.  Case No. 07-019 filed by Patrick Stieber of Allied Signs for 48595 Grand River Avenue - Sunbelt Rentals

Patrick Stieber is requesting one 41.91 square foot sign variance for an additional 2 foot 8 1/8 inch x 15 foot 7 7/8 inch wall sign for the Sunbelt Rental Store located at 48595 Grand River Avenue. There is currently a ground sign on this parcel of land. The property is zoned I-2 and located south of Grand River and east of Wixom Road.

CITY OF NOVI, CODE OF ORDINANCES Section 28-5 (3) states: "No building or parcel of land shall be allowed more than one (1) sign."

Applicant is requesting an additional 41.91 square foot wall sign.

6. Case No. 07-020 filed by Athir Yousif of Beech Beck Properties for Lot 61 Pioneer Meadows

Athir Y. Yousif of Beech-Beck Properties is requesting five (5) variances for the construction of a new home on Lot 61, Pioneer Meadows Subdivision, Strath Haven Drive. Applicant is requesting a five (5) foot front yard setback variance, a ten (10) foot rear yard setback variance for the house with a nine foot seven inch (9’ 7") rear yard setback for the bay window, a seven (7) foot minimum side yard setback variance and a seven (7) foot aggregate setback variance for both side yards. The property is zoned R-A and located east of Beck Road and south of Eleven Mile Road.

CITY OF NOVI, CODE OF ORDINANCES ARTICLE 24; Section 2400, "Schedule of Regulations" requires a forty-five (45) foot front yard setback, a fifty (50) foot rear yard setback, a minimum side yard setback of twenty (20) feet and an aggregate side yard setback of fifty (50) feet of two side yards.

REQUIRED FRONT YARD SETBACK 45 FEET
PROPOSED FRONT YARD SETBACK 40 FEET
VARIANCE REQUESTED 5 FEET

REQUIRED REAR YARD SETBACK 50 FEET
PROPOSED REAR YARD SETBACK 40 FEET
VARIANCE REQUESTED 10 FEET

REQUIRED MINIMUM SIDE YARD SETBACK 20 FEET
PROPOSED MINIMUM SIDE YARD SETBACK 13 FEET
VARIANCE REQUESTED 7 FEET

REQUIRED AGGREGATE SETBACK TWO SIDE YARDS 50 FEET
PROPOSED AGGREGATE SETBACK TWO SIDE YARDS 43 FEET
VARIANCE REQUESTED 7 FEET

CITY OF NOVI, CODE OF ORDINANCES Section 2908 "Projections into Yards" states that bay windows, chimneys, cantilevered floors and other vertical projections of up to ten (10) feet in length and not occupying more than thirty (30) percent of the length of the wall on which they are located…may project into the required rear yard not more than three (3) feet.

REQUIRED REAR YARD SETBACK 47 FEET

PROPOSED REAR YARD SETBACK 37 FEET 5 INCHES

VARIANCE REQUESTED 9 FEET 7 INCHES

Applicant is requesting front, rear, side and aggregate yard setbacks to build a new home.

7.  Case No. 07-021 filed by William McKeever of Certified Management Company for 25795 Meadowbrook Road

William McKeever of Certified Management Company is requesting an extension of the variance granted in ZBA06-011 for one 24 square foot oversized real estate sign located at 25795 Meadowbrook Road. The property is zoned I-1 and located north of Grand River and east of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCES Section 28-6(4) states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the non-residential property… be… not less than one-half the distance between the principal building and adjacent street and not higher than ten (10) feet. One (1) sign…"

Applicant is requesting an extension to an oversized real estate sign at 25795 Meadowbrook Road.

8.  Case No. 07-022 filed by William McKeever of Certified Management Company for 41200 Bridge Street

William McKeever of Certified Management Company is requesting an extension of the variance granted in ZBA 06-010 for one 24 square foot sign variance for an oversized real estate sign located at 41200 Bridge Street. The property is zoned I-1 and located west of Meadowbrook Road and north of Eleven Mile.

CITY OF NOVI, CODE OF ORDINANCES Section 28-6(4) states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the non-residential property… be… not less than one-half the distance between the principal building and adjacent street and not higher than ten (10) feet. One (1) sign…"

Applicant is requesting an extension to an oversized real estate sign at 41200 Bridge Street.

9.  Case No. 07-023 filed by Jane Dietrich of Singh Development LLC for 25300 Constitution - Main Street Novi

Jane Dietrich of Singh Management is requesting an extension of a variance granted in ZBA06-016 for one year and ZBA05-039 for 6 months for a temporary construction sign for Main Street Village. The property is zoned TC-1 and is located at 25300 Constitution south of Grand River and east of Market Street.

CITY OF NOVI, CODE OF ORDINANCES Section 28-6 (1) states: "Construction identification sign which identifies the name of the project developers, contractors, engineers, architects, lenders, or sales brokers on a site …is valid until issuance of first certificate of occupancy."

The Applicant is requesting an extension to allow the existing sign to remain on the property.

10. Case No. 07-024 filed by Jane Dietrich of Singh Development LLC for 23475 Huron Circle

Jane Dietrich of Singh Management is requesting an extension of a variance originally granted in ZBA99-089 for one year and granted annual extensions in ZBA00-018, ZBA01-001, ZBA02-008, ZBA03-030, ZBA04-067; as well as a denial for an extension in ZBA05-106 which was reheard in ZBA06-017 and granted a one year extension for two real estate marketing signs for Walton Wood at Twelve Oaks. The property is zoned RM-1 and is located at 23475 Huron Circle south of Twelve Mile and west of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCES Section 28-6(4) states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the non-residential property or multiple-family apartment complexes… be… not less than one-half the distance between the principal building and adjacent street and not higher than ten (10) feet. One (1) sign…permitted until and thirty (30) days after sale or lease of property."

Applicant is requesting extensions for two Real Estate Marketing Signs for Walton Woods.

11. Case No. 07-025 filed by Sean Hurwitz of D & S Contractors, Inc. for Brockdale Estates 280 New Court

Sean Hurwitz of D & S Contractors, Inc is requesting a variance to allow a dead end street without the cul-de-sac requirement on a minor drive in excess of 150’ in length in the Brockdale Estates Condominium Development. Property is zoned R-4 and is located on the west side of Novi Road and north of Thirteen Mile Road.

CITY OF NOVI, CODE OF ORDINANCES Section 2514 1. B. (3) states "All minor drives in excess of 150 feet, with only one point of access, shall provide a cul-de-sac meeting city Design and Construction Standards or a T-turnaround, meeting the standard shown above."

Applicant is requesting a variance to the cul-de-sac requirement on a minor road for the Brockdale Estates Condominium Development.

12. Case No.07-026 filed by George Baczewski for 1945 West Lake

George Baczewski is requesting three side yard setback variances, one front yard setback variance and a variance for total lot coverage to construct a new home in the Bentley Subdivision located at 1945 West Lake Dr. The property is zoned R-4 and located south of Pontiac Trail and east of West Lake Dr.

CITY OF 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 setback of both side yards of twenty-five (25) feet and a maximum lot coverage of twenty-five (25) percent.

REQUIRED FRONT YARD SETBACK (NORTHWEST) 30 FEET
PROPOSED FRONT YARD SETBACK (NORTHWEST) 25 FEET
VARIANCE REQUESTED 5 FEET

MINIMUM REQUIRED SIDE YARD SETBACK (NORTHEAST) 10 FEET
MINIMUM PROPOSED SIDE YARD SETBACK (NORTHEAST) 4 FEET
VARIANCE REQUESTED 6 FEET

REQUIRED SIDE YARD SETBACK (SOUTHWEST) 15 FEET
PROPOSED SIDE YARD SETBACK (SOUTHWEST) 4.5 FEET
VARIANCE REQUESTED 10.5 FEET

REQUIRED SIDE YARD SETBACK (BOTH SIDES) 25 FEET
PROPOSED SIDE YARD SETBACK (BOTH SIDES) 8.5 FEET
VARIANCE REQUESTED 16.5 FEET

PROPOSED LOT COVERAGE 29%
MAXIMUM ALLOWABLE LOT COVERAGE 25%
VARIANCE REQUESTED 4%

Applicant is requesting four setback variances and one lot coverage variance for the construction of a new home.

13. Case No. 07-027 filed by Joseph Chuang and Jack Cogley of Sign-A-Rama for 25750 Novi Road - Basic Asian Mart

Jack Cogley of Sign–A-Rama Sign Company is requesting one 24 square foot sign variance for the placement of a 99-inch x 35-inch sign on the rear elevation of the Basic Asian Mart located at 24921 Novi Road. The property is zoned TC-1 and located east of Novi Road and south of Grand River Avenue.

CITY OF NOVI, CODE OF ORDINANCES Section 28-5(3) f states: "Where two or more separately owned and operated businesses occupy a building on a single parcel of land, each having a separate exterior entrance, each business is entitled to a single identification wall sign."

Applicant is requesting and additional wall sign for the rear elevation of the Basic Asian Mart.

14. Case No. 07-029 filed by Jeffrey Jones of Automotive Techniques for 40500 Grand River Avenue

Jeffery Jones of Automotive Techniques is requesting a variance to allow parking in front of the building setback line and a variance to reduce the required number of parking spaces for the business from 54 to 16 on the property located at 40500 Grand River Avenue Suite J. The property is zoned I-1 and is located north of Grand River Avenue and west of Haggerty Road.

CITY OF NOVI, CODE OF ORDINANCES Section 1903 4.a. (3) "Principal Uses Permitted in Locations Not Abutting a Residential District and Subject to Special Conditions" states: "Automotive service establishments and public garages for vehicle repair…For any operations on a lot adjacent to a major thoroughfare, the following special requirements shall apply: (3) No vehicle parking in front of actual building setback line."

CITY OF NOVI, CODE OF ORDINANCES 2505 14.e. (3) "Off Street Parking Requirements" states: "The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule: Automotive service establishment, public garage – one space for every one hundred square feet of useable floor are, plus one space for every employee."

Applicant is requesting a variance to allow parking in the front of the building setback line and a variance to reduce the amount of required parking spaces from 54 to 16.

OTHER MATTERS

1. ZBA Training Dates: May 15, 16, 17, 22, 24, 28

 

 

[../../../../../Include-SignatureMinutes.htm]