| View Agenda for this meeting View Minutes for this meeting REGULAR MEETING – ZONING BOARD OF
APPEALS Roll call Members Bauer, Canup, Fischer, Gatt, Krieger, Sanghvi and ShroyerPledge of Allegiance Rules of Conduct:
Approval of Agenda Approval of Minutes February 6, 2007 1. Case No. 07-007 filed by Harry Chawney of Villagewood Properties LLC for Villagewood Place located on Kartar Lane west of Haggerty Road between Nine and Ten Mile Roads Harry Chawney of Villagewood Properties LLC is requesting one sign variance for the continued placement of a fifteen square foot, six foot high real estate marketing sign for Villagewood Place located on Kartar Lane west of Haggerty Road between Nine and Ten Mile Roads and zoned RM-1. Sign variance originally approved in ZBA04-092 for one year and extended for one year in ZBA05-107. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the residential property (other than multiple family apartment complexes) upon which the sign is located are limited to 6 square feet in area and 5 feet in height." Applicant is requesting the renewal of a real estate marketing sign 15 square feet in area and 9 feet in height. IN CASE NO. 07-007 TO GRANT THE MOTION FOR THE CONTINUED PLACEMENT OF A FIFTEEN SQUARE FOOT, SIX FOOT HIGH REAL ESTATE MARKETING SIGN FOR VILLAGEWOOD PLACE FOR ONE YEAR. THE SIGN WAS ORIGINALLY APPROVED IN ZBA04-092 FOR ONE YEAR AND EXTENDED FOR ONE YEAR IN ZBA05-107 DUE TO THE PRACTICAL DIFFICULTY OF THE LACK OF SALES IN THE CONDOMINIUM COMPLEX. PETITIONER STATED THAT OUT OF 24 UNITS ONLY SIX UNITS HAVE SOLD AND ONLY ONE IN THE LAST YEAR. PETITIONER STATED THAT THE PRICE OF THE CONDOMINIUMS HAS BEEN LOWERED TWICE FOR A TOTAL OF A $ 15,000 DOLLAR DECREASE. 2. Case No. 07-006 filed by John W. Carpenter for 1328 East Lake Drive John W. Carpenter is requesting nine setback variances for the construction of a new home and unenclosed wood deck at 1328 East Lake Drive. Applicant is requesting an east front yard setback variance of 19 feet, a west rear yard setback variance of 12.1 feet, a north side yard setback variance of 6.25 feet, a south side yard setback variance of 11 feet, with an aggregate total of two side yards of 17.25 feet and a total lot coverage variance of 10%. Additionally applicant is requesting a northwest side yard setback variance of 2 foot 4 inches and a 6 foot 6 inch southwest side yard setback variance for the construction of an unenclosed wood deck. Property is zoned R-4 and is located east of Old Novi Road and north of Thirteen Mile Road. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24 Section 2400 Schedule of Regulations requires a front yard setback of thirty (30) feet, a rear yard setback of thirty-five (35) 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 thirty-five (35) percent. REQUIRED FRONT YARD SETBACK (EAST) 30 FEET REQUIRED REAR YARD SETBACK (WEST) 35 FEET MINIMUM REQUIRED SIDE YARD SETBACK (NORTH) 10 FEET REQUIRED SIDE YARD SETBACK (SOUTH) 15 FEET REQUIRED SIDE YARD SETBACK (BOTH SIDES) 25 FEET PROPOSED LOT COVERAGE 35% Applicant is requesting six setback variances to build a new home. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 29 Section 2907 Porches; Decks states: "An open, unenclosed and uncovered wooden deck may project into a required rear yard setback for a distance not exceeding eighteen (18) feet…" ALLOWABLE PROJECTION (REAR YARD) 18 FEET CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 29 Section 2908 Projections into yards states: "Architectural features, eaves, cornices, and roof overlaps, but including vertical projections, may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard ALLOWABLE PROJECTION (NORTHWEST SIDE YARD) 1 FOOT 8
INCHES ALLOWABLE PROJECTION (SOUTHWEST SIDE YARD) 2 FOOT 6
INCHES Applicant is requesting three variances to the allowable projection into the rear and side yard setbacks for the construction of an unenclosed wood deck. IN CASE NO. 07-006 TO DENY PETITIONER’S REQUEST FOR A REQUIRED FRONT YARD (EAST) SETBACK VARIANCE REQUEST OF 19 FEET, A REQUIRED REAR (WEST) SETBACK VARIANCE OF 12.1 FEET, A MINIMUM REQUIRED SIDE YARD (NORTH) SETBACK VARIANCE OF 6.25 FEET, A REQUIRED SIDE YARD (SOUTH) SETBACK VARIANCE OF 11 FEET, A REQUIRED SIDE YARD (BOTH SIDES) SETBACK VARIANCE OF 17.25 FEET, A MAXIMUM ALLOWABLE LOT COVERAGE VARIANCE REQUEST OF 10%, A 4-FOOT ALLOWABLE PROJECTION (REAR YARD) VARIANCE, A 1 FOOT 4 INCH ALLOWABLE PROJECTION (NORTHWEST SIDE YARD) VARIANCE AND A 5 FOOT 6 INCH ALLOWABLE PROJECTION (SOUTHWEST SIDE YARD) VARIANCE FOR THE CONSTRUCTION OF A NEW HOME AND AN UNENCLOSED WOOD DECK DUE TO THE PRACTICAL DIFFICULTY STANDARD NOT BEING MET. THE PROPOSAL LACKS PARKING SPACE ON A THOROUGHFARE STREET; THE SETBACK REQUESTS ARE SELF-CREATED AND FAILURE TO GRANT RELIEF DOES NOT UNREASONABLY PREVENT THE OWNER FROM USING THE LOT. ALLOWING THE VARIANCES WILL INTERFERE WITH OTHER PROPERTY OWNERS RIGHTS AND WON’T RESULT IN JUSTICE BEING DONE TO SURROUNDING PROPERTY OWNERS.
3. Case No. 07-009 filed by Mark Smith of Gus O’Connor’s located at 42875 Grand River Avenue Mark Smith of Irish Beer Works, Inc./Gus O’Connor’s is requesting a variance to a previously granted variance in ZBA05-091which stipulated the petitioner remove the 14.5 square foot Gus O’ Connor’s gold wall sign over the door located at 42875 Grand River Avenue. Property is zoned TC-1 and located south of Grand River and east of Market Street. CITY OF NOVI, CODE OF ORDINANCES Section 28-5 (f) states "Where two (2) 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 if not otherwise entitled to a wall sign under this Chapter." Applicant is requesting a variance to a variance to allow a 14.5 square foot wall sign over the door of Gus O’Connor’s Restaurant. IN CASE NO.07-009 TO DENY A VARIANCE REQUEST FOR A 14.5 SQUARE FOOT WALL SIGN REPLACEMENT TO A PREVIOUSLY GRANTED VARIANCE IN ZBA05-091 WHICH STIPULATED THE PETITIONER REMOVE THE 14.5 SQUARE FOOT GUS O’CONNOR’S GOLD WALL SIGN DUE TO THE PETITIONER NOT MEETING THE PRACTICAL DIFFICULTY STANDARDS OF EXCEPTIONAL OR UNIQUE CIRCUMSTANCES TO THE AREA AS ALL OF MAIN STREET LOOKS SIMILAR TO THIS; NOT GRANTING RELIEF WILL NOT RESULT IN SUBSTANTIAL JUSTICE TO SURROUNDING AREAS AND BUSINESSES BECAUSE OTHER BUSINESSES ARE NOT ALLOWED TWO SIGNS AND THIS WOULD BE OVERWHELMING FOR THE FAÇADE AND THIS IS NOT CONSISTENT WITH THE SPIRIT AND INTENT OF THE ORDINANCE AS WRITTEN.
4. Case No. 07-010 filed by Michael Soave of Mandalay Properties LLC located on Nine Mile Road between 48315 & 48371 Michael Soave is requesting two101.18 foot wide dimensional variances to the minimum required lot width for frontage on a public street. The subject property is located on Nine Mile Road between 48315 & 48371 {part of sidwell number 5022-29-376-010; a parcel containing 1.5 acres}. In addition the applicant is also requesting two 86.18-foot width variances for the reduction below ninety (90) percent of the required minimum lot width. Property is zone RA and located south of Nine Mile Road and east of Garfield Road. NOVI CODE OF ORDINANCES: ARTICLE 24 Section 2400 Schedule of Regulations requires a minimum lot width of 150 feet in a Residential Acreage district. REQUIRED MINUMUM LOT WIDTH 150 Applicant is requesting two 101.18-foot width variances for frontage on a public street. IN CASE NO.07-010 TO APPROVE THE VARIANCES REQUESTED BY THE PETITIONER DUE TO THE PRACTICAL DIFFICULTY OF THE LOT SIZE AND THE UNIQUE CIRCUMSTANCES OF THIS PROPERTY; THE FACT THAT THERE ARE WETLANDS AND WOODLANDS ON THIS PROPERTY THAT THE PETITIONER HAS TAKEN IN TO CONSIDERATION; EVERY SINGLE BIT OF THE WOODLANDS AND WETLANDS WILL BE PRESERVED TO THE BEST OF THEIR ABILITY; IN THIS PARTICULAR SITUATION THIS IS THE BEST POSSIBLE SCENARIO; THERE IS NO OTHER WAY FOR THE PETITIONER TO GET TO THAT BACK LOT (LANDLOCKED) WITHOUT HAVING TO GO THROUGH THE FRONT LOT WHICH HAS THE SHORT FRONTAGE TO NINE MILE; THE PETITIONER IS GOING TO BE BUILDING TWO PRIVATE RESIDENCE HOMES; THESE PRACTICAL DIFFICULTIES ARE NOT SELF CREATED; FAILURE TO GRANT THESE VARIANCES WOULD UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN A MERE INCONVENIENCE OR ABILITY TO ATTAIN HIGHER ECONOMIC OR FINANCIAL RETURN.
5. Case No. 07-011 filed by Scott McCurdy for 41051 S. McMahon Scott McCurdy is requesting 3 side yard setback variances and one front yard setback variance to construct a 126 square foot addition and a 1000 square foot second story on an existing home in the Willowbrook Estates Subdivision located at 41051 S. McMahon. The property is zoned R-4 and located south of Eleven Mile and west of Haggerty Road. The existing structure is already a legal non-conforming use. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24 Section 2400 Schedule of Regulations requires a minimum side yard setback of ten (10) feet with an aggregate setback of both side yards of twenty-five (25) feet. MINIMUM REQUIRED SIDE YARD SETBACK (WEST) 10 FEET REQUIRED SIDE YARD SETBACK (EAST) 15 FEET REQUIRED SIDE YARD SETBACK (BOTH SIDES) 25 FEET Applicant is requesting three setback variances to construct an addition and a second story on an existing home. IN CASE NO.07-011 TO GRANT THE REQUIRED SIDE YARD SETBACK (WEST) VARIANCE REQUEST OF 2.5, THE REQUIRED SIDE YARD SETBACK (EAST) VARIANCE REQUEST OF 5 FEET AND THE REQUIRED SIDE YARD (BOTH SIDES) VARIANCE REQUEST OF 7.5 FEET DUE TO THE PRACTICAL DIFFICULTY OF THE LOT CONFIGURATION.
6. Case No.07-013 filed by Raymond J. Behling of Schostak Brothers & Co. for Olga’s Kitchen located in the Westmarket Square Shopping Center at 47996 Grand River Avenue Raymond J. Behling of Schostak Brothers & Co. and Olga’s Kitchen is requesting three sign variances for the Olga’s Kitchen and Suncoast Smoothies restaurant located in the Westmarket Square Shopping Center at 47996 Grand River Avenue. Applicant is requesting one 54.73 square foot sign variance and one 9.94 square foot sign variance for the east elevation of the building and one 9.94 square foot sign variance for the south elevation of the building. Property is zoned B-2 and located north of Grand River and west of Beck Road. CITY OF NOVI, CODE OF ORDINANCES Section 28-5 (3) f states "Where two (2) 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 if not otherwise entitled to a wall sign under this Chapter." Applicant is requesting three sign variances for the Olga’s Kitchen and Suncoast Smoothies Restaurant located in the West Market Square Shopping Center. IN CASE NO.07-013 TO GRANT THE ONE 54.73 SQUARE FOOT SIGN VARIANCE REQUEST ON THE EAST ELEVATION OF THE BUILDING WITH THE EXCEPTION OF THE REMOVAL OF SUNCOAST SMOOTHIES.
7. Case No. 07-014 filed by David Compo of Interphase Land Development LLC for lot 4 of the Casa Loma Condominium Development located at 21633 Beck Road David Compo is requesting one 25-foot rear yard setback variance from the required 50-foot rear yard setback for the construction of a new single-family condominium home on lot 4 of the Casa Loma Condominium Development located at 21633 Beck Road. Property is zoned R-A and is located south of 9 Mile Road and west of Beck Road. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24 Section 2400 Schedule of Regulations requires a rear yard setback of fifty (50) feet from a wetland/watercourse setback. REQUIRED REAR YARD SETBACK (SOUTH) 50 FEET Applicant is requesting one rear yard setback variance from the required 50-foot rear yard setback to build a new single-family condominium home. IN CASE NO.07-014 TO GRANT THE 25 FOOT REAR YARD SETBACK VARIANCE REQUEST FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY CONDOMINIUM HOME ON LOT 4 OF CASA LOMA CONDOMINIUM DEVELOPMENT DUE TO THE UNIQUE FEATURES OF THE LOT LINE AND THE PRACTICAL DIFFICULTY OF PRESERVING THE WETLANDS. Other Matters Glenda’s – Board members were informed that Glenda’s Nursery was given a courtesy call and sent a letter regarding the observed conditions of the fence surrounding the property possibly being in violation of the stipulations of the motion granted in ZBA06-080. Glenda’s repaired the fence and the Board was satisfied. ZBA Training Dates – Secrest Wardle proposed two possible dates for ZBA training. The Board requested additional options.
ADJOURN 11:08 PM
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