| View Agenda for this meeting View Minutes for this meeting REGULAR MEETING – ZONING BOARD OF
APPEALS Tuesday June 5, 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 ShroyerPresent: Members Bauer, Canup, Fischer, Gatt, Krieger, Sanghvi Absent: Member Shroyer Also Present: Shannon Ozga, City Attorney: Alan Amolsch, Ordinance Officer; Chris Fox, Community Development Department; Mark Spencer, City Planner, Robin Working, ZBA Recording Secretary Pledge of Allegiance Public Hearing Format and Rules of Conduct:
Approval of Agenda Additions to Agenda: Approval of April 3, 2007 Minutes Sub Committee Discussion under Other Matters Motion to approve Agenda. Motion carried 6-0 Approval of Minutes April 3, 2007 Motion to approve minutes. Motion Carried 6-0 Public Remarks 1. Case No. 07-016 filed by David Tremonti of Oliver Hatcher Construction for Novi Promenade Outlot #1 Oliver Hatcher Construction is requesting two variances for the construction of a 13,300 square foot retail development comprising eight attached units. Applicant is requesting one loading variance to allow loading and unloading in the interior side yard and one eight foot setback variance from the required ten foot setback for the location of an accessory structure (dumpster enclosure) adjacent to a property line 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." CITY OF NOVI, CODE OF ORDINANCES, Section 2503 F (4) "Accessory Structures" states: "No refuse bin screening enclosure shall be located closer to the property line than the minimum parking lot setback." REQUIRED DUMPSTER SETBACK 10 FEET Applicant is requesting one loading and one setback variance to construct a new retail building. IN CASE NO. 07-016 TO GRANT THE VARIANCES AS REQUESTED DUE TO THE PRACTICIAL DIFFICULTY OF THE ORIENTATION OF THE LOT AND THE REQUIREMENTS OF THE PLANNING COMMSSION. THE GRANTING OF THE VARIANCES WILL ASSIST THE CIRCULATION AROUND THE SITE AND PROVIDE ADDITIONAL SPACE FOR THE LOADING ZONE. Motion Carried: 6-0 Motion Maker: Canup 2. Case No. 07-030 filed by Mark Kassab of PT Commerce LLC for Lenox Park Condominium Development located at 40812 West 13 Mile Road Mark Kassab of PT Commerce LLC is requesting two sign variances for Lenox Park Condominiums located at 40812 W. Thirteen Mile Road. Applicant is requesting one 57 square foot sign variance and a seven foot six inch height variance for the continued placement of a real estate marketing sign previously granted a two-year variance for site identification in ZBA05-020. The property is zoned RM-1 and is located north of Thirteen Mile and west of M-5. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) Temporary Signs states "Sale, rental or lease sing which identifies the sale, rental, or lease of the residential property…six square feet in area and not less than one-half the distance between the principal building and adjacent street and not higher than five (5) feet." Applicant is requesting size and height variances for the continued placement of a real estate marketing sign for Lenox Park. IN CASE NO. 07-030 TO APPROVE THE REQUEST FOR THE CONTINUED USE OF THE CURRENT SIGN FOR TWO ADDITIONAL YEARS DUE TO THE PRACTICAL DIFFICULTY OF THE DIFFICULT ECONOMIC TIMES. Motion Carried: 6-0 Motion Maker: Sanghvi 3. Case No. 07-031 filed by William McKeever of Certified Management Company located at 41180 Bridge Street William McKeever of Certified Management Company is requesting two sign variances for the commercial property located at 41180 Bridge Street. Applicant is requesting one 47 square foot sign variance and one 2-foot height variance for a real estate marketing sign. The property is zoned I-1 and is located north of Eleven Mile and east of Meadowbrook Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) Temporary Signs states "Sale, rental or lease sign which identifies the sale, rental, or lease of the non-residential property…16 square feet in area and not less than one half the distance between the principal and adjacent street and not higher than ten (10) feet. One (1) sign." Applicant is requesting size and height variances for a real estate marketing sign for 41180 Bridge Street. IN CASE NO. 07-031 TO APPROVE THE APPLICANTS REQUEST FOR THE CONTINUED PLACEMENT OF A REAL ESTATE MARKETING SIGN DUE TO THE PRACTICAL DIFFICULTY OF THE LOCATION OF THE BUILDING IN AN ISOLATED AREA NEXT TO A FREEWAY. THIS VARIANCE IS FOR THIS PROPERTY ONLY AND SHALL BE GRANTED FOR A TWO-YEAR PERIOD. Motion Carried: 6-0 Motion Maker: Krieger 4. Case No. 07-032 filed by A. J. Bartoletto of Temperform Corporation located at 25425 Trans-X Road A.J. Bartoletto of Temperform Corporation is requesting one thirty (30) foot front yard setback variance for the construction of an 11,000 square foot addition to an existing structure located at 25425 Trans X Drive. The property is zoned I-2 and is located south of Grand River Avenue and east of Novi Road. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24 Section 2400 Schedule of Regulations requires a front yard setback of one hundred (100) feet in an I-2 district. REQUIRED FRONT YARD SETBACK 100 FEET Applicant is requesting a variance to allow the proposed addition to be seventy (70) feet from the front property line instead of the required one hundred (100) feet. IN CASE NO. 07-032 TO APPROVE THE REQUEST OF THE APPLICANT DUE TO THE PRACTICAL DIFFICULTY OF THE SAFETY CONCERNS IN PROVIDING THE PROPER FIRE APPARATUS ACCESS TO THE PROPOSED BUILDING ADDITIONS WHILE MAINTAINING PROPER ACCESS TO THE EXISTING BUILDINGS. Motion Carried: 6-0 Motion Maker: Sanghvi 5. Case No. 07-033 filed by Gateway Village of Novi LLC for Gateway Village of Novi Development located at 25642 Grand River Mike Shocker of Gateway Village of Novi, LLC is requesting one sign variance for the continued use of an original construction identification sign previously granted extensions in ZBA04-010 for one year and again in ZBA05-021 for an additional two years or 90% sale. The sign is located on the north side of Grand River near Portico Lane. The property is zoned NCC and is located north of Grand River Avenue and west of Meadowbrook Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (1) Temporary Signs states: "Construction identification sign which identifies the name of the project developers, contractors…Permitted only for projects other than subdivisions or site condominiums…64 square feet in area and not less than required setback nor higher than fifteen (15) feet." Applicant is requesting a sign variance extension for the continued use of an original construction identification sign for Gateway Village. IN CASE NO. 07-033 TO APPROVE THE APPLICANTS REQUEST FOR THE CONTINUED USE OF THE ORIGINAL CONSTRUCTION SIGN SUBMITTED IN THE APPLICANT’S PACKET PREVIOUSLY APPROVED BY THE BOARD DUE TO THE PRACTICAL DIFFICULTY OF THE ECONOMY AS IT IS FOR A PERIOD OF ONE YEAR. THE CITY OF NOVI’S ORDINANCE DEPARTMENT IS REQUESTED TO ENFORCE THE 64 SQUARE FOOT TOTAL SIZE OF THE SIGN AND THE 15-FOOT HEIGHT REQUIREMENT OF THE SIGN. Motion Carried: 6-0 Motion Maker: Canup 6. Case No. 07-034 filed by Richard L. Castanos of Varsity Lincoln Mercury located at 49251 Grand River Avenue Richard L. Castanos of Varsity Lincoln Mercury is requesting one 140 square foot sign variance for the continued use of an existing sign erected without a permit at the Quick Lane Service Center located at 49251 Grand River Avenue. The property is zoned B-3 and is located on the southeast corner of Grand River and Wixom Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) "Number of on-premises advertising signs permitted" states: "No building or parcel of land shall be allowed more than one (1) sign permitted…" Applicant is requesting a 140 square foot sign variance. IN CASE NO. 07-034 TO GRANT THE APPLICANT’S REQUEST BECAUSE THE PETITIONER HAS ESTABLISHED THAT THE PROPOSED USE WILL NOT BE A DETRIMENT TO THE PUBLIC SAFETY AND WELFARE OF THE AREA DUE TO THE LETTERING OF THE PARTICULAR SIGN BEING SO SMALL, THERE WILL NOT BE ANY TYPE OF PUBLIC SAFETY ISSUES TO THE DRIVERS IN THAT AREA; THE PETITIONER HAS ESTABLISHED THAT THE PURPOSED USE WILL NOT UNREASONABLY IMPAIR OR DIMINISH ESTABLISHED PROPERTY VALUES WITHIN THE SURROUNDING AREA AND THE PETITIONER HAS ESTABLISHED THAT THE GRANT OF THE VARIANCE WILL NOT IMPAIR THE INTENT OR THE PURPOSE OF THE ORDINANCE. Motion Carried: 6-0 Motion Maker: Gatt 7. Case No. 07-035 filed by Joan Mingo of 29085 Eastman Trail in Tollgate Ravines Applicant is requesting a 4 ft. rear yard setback variance for the construction of deck with screened in porch on the property located at 29085 Eastman Trail in the Tollgate Ravines Subdivision. Property is zoned R-A and located north of Twelve Mile Road and west of Meadowbrook Road. NOVI CODE OF ORDINANCES ARTICLE 24 Section 2400, "Schedule of Regulations" requires a minimum rear yard setback of 30 feet. REQUIRED REAR YARD SETBACK 30 FEET Applicant is requesting a rear yard setback variance to build a deck with a screened in porch. IN CASE NO. 07-035 TO APPROVE THE FOUR-FOOT REAR YARD SETBACK VARIANCE FOR THE CONSTRUCTION OF DECK WITH SCREENED IN PORCH DUE TO THE PRACTICAL DIFFICULTY OF THE ODD SHAPE OF THE REAR LOT, WHICH IS NOT SELF- INFLICTED [created] AND THE APPLICANT RECEIVED THE APPROVAL OF THE HOMEOWNERS ASSOCIATION. Motion Carried: 6-0 Motion Maker: Krieger 8. Case No. 07-036 filed by Dick Rosenberger for ACO Hardware located at 41800 W. Ten Mile Road in the Novi Ten Shopping Center Dick Rosenberger, representing ACO Hardware is requesting a variance to allow an expansion of an outdoor seasonal sales enclosure located at the ACO Hardware Store in the Novi Ten Shopping Center at 41800 W. Ten Mile Road. The property is zoned B- 3 and located north of Ten Mile and west of Meadowbrook Road. CITY OF NOVI, CODE OF ORDINANCES, ARTICLE 15 Section 1501.1 "Principal Uses Permitted" states, "In a General Business District, no building or land shall be used…Uses Permitted Subject to Special Conditions and subject to the restrictions therein." CITY OF NOVI, CODE OF ORDINANCES, ARTICLE 14 Section 1403.2 "Required Conditions" states: All businesses, servicing or processing, except for off-street parking and loading/unloading, shall be conducted within completely enclosed buildings." Applicant is requesting a variance to the requirement that all business within a B-3 district be conducted within a completely enclosed building. IN CASE NO. 07-036 TO APPROVE THE APPLICANTS REQUEST BECAUSE THEY HAVE DEMONSTRATED A PRACTICAL DIFFICULTY IN SELLING THEIR WARE DURING DIFFERENT TIMES OF THE YEAR, BY DOING THIS THEY WILL MAKE IT EASIER FOR THE CUSTOMERS WHO BUY THEIR GOODS AND ALSO LOAD AND UNLOAD THEIR CARS. THIS ADDITION SHOULD MATCH THE BUILDING AND THE MATERIAL [goods] NO HIGHER THAN THE WALL ITSELF AND THE MATERIALS USED ARE ACCORDING TO THE PLAN REVIEW LETTER. Motion Carried: 6-0 9. Case No. 07-037 filed by Gardner Signs for Toyota Boshoku located at 28000 West Park Drive Gardner Signs, representing Toyota Boshoku is requesting one seventy-three square foot wall sign and one twenty-six and one half square foot ground sign for the business located at 28000 West Park Drive. Applicant is requesting an eight (8) square foot wall sign variance for the south elevation of the building and one 26.5 square foot ground sign variance. The property is zoned I-1 and located north of Twelve Mile and east of Beck Road. CITY OF NOVI, CODE OF ORDINANCES Section 28-5 (3) "Number of on-premises advertising sins permitted" states: "No building or parcel of land shall be allowed more than one (1) sign permitted…" CITY OF NOVI, CODE OF ORDINANCES Section 28-5 (2) b. 1. (a) (i) b "Area height and placement regulations – Wall signs" states: A wall sign displayed on a building occupied by one (1) business shall not exceed…sixty-five (65) square feet." Applicant is requesting one wall and one ground sign variance. IN CASE NO. 07-037 GRANT THE REQUEST AS STATED DUE TO THE PRACTICAL DIFFICULTY OF THE SIZE OF THE BUILDING IN ITS LOCATION IN CONJUNCTION WITH THE ROADS THE SIGNS SEEM TO BALANCE THEMSELVES WELL IN THIS LOCATION. Motion Carried: 6-0 10. Case No. 07-038 filed by Carl Helwig for parcel # 50-22-11-101-102 located on the SW corner of Thirteen Mile at Martin Street Applicant is requesting two minimum lot size variances for parcel sidwell # 50-22-11-101-012 located on the southwest corner of Thirteen Mile and Martin in the Howell’s Walled Lake Subdivision. The property consists of (8) eight 20 x 100 foot lots to be combined and split into two 8,000 square foot parcels. The property is zoned R-4 and is located south of Thirteen Mile and west of Martin Street. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires the minimum area for lots within an R-4 district to be 10,000 square feet. REQUIRED LOT AREA 10,000 SQUARE FEET Applicant is requesting two lot size variances in order to split a single parcel into two new parcels. IN CASE NO. 07-038 TO GRANT THE VARIANCE AS REQUESTED DUE TO THE NON-MARKETABILITY OF THE PROPERTY AS IT IS PRESENTLY PLOTTED. GRANTING THIS VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AS WELL AS TO SURROUNDING PROPERTY OWNERS, IT WILL NOT BE DETRIMENTAL TO ANY OTHER PROPERTY OWNERS AND THAT THIS IS A UNIQUE SITUATION. Motion Carried: 6-0 11. Case No. 07-039 filed by Jeffrey Jones of Automotive Techniques located at 40500 Grand River Avenue Suite J Jeffery Jones of Automotive Techniques is requesting a variance to the requirement for submitting a noise analysis for a mechanical repair shop in a pre-existing industrial building 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 2519 "Performance Standards", Paragraph 10 (c) "Special Land Use Approvals" states "the applicant shall submit a noise analysis and it shall be completed by a certified sound engineer competent to evaluate noise emissions under maximum operating conditions." Applicant is requesting a variance from the requirement of submitting a noise analysis. IN CASE NO. 07-039 TO GRANT THE REQUEST THE APPLICANT HAS SUBMITTED DUE TO THE FACT THAT THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY: THEY HAVE ESTABLISHED THAT COMPLIANCE WITH THE STRICT LETTER OF THE RESTRICTIONS OF THE ORDINANCE WOULD UNREASONABLY PREVENT THE USE OF THE PROPERTY, THEY HAVE ESTABLISHED THAT THE PROPOSED USE WILL NOT BE A DETRIMENT TO THE PUBLIC SAFETY AND WELFARE OF THE COMMUNITY DUE TO THE FACT THAT THEY HAVE DONE THEIR OWN SOUND EVALUATION AND THE NOISES HAVE NOT EXCEEDED THE EMISSION STANDARDS. PETITIONER HAS ESTABLISHED THAT THE PROPOSED USE WILL NOT UNREASONABLE IMPAIR OR DIMINISH THE ESTABLISHED PROPERTY VALUES IN THE SURROUNDING AREA AND THE PETITIONER HAS ESTABLISHED THAT THE GRANTING OF THE VARIANCE WILL NOT IMPAIR THE INTENT OR THE PURPOSE OF THE ORDINANCE. Motion Carried: 6-0 12. Case No. 07-040 filed by Bill Stanton of Toll Brothers Inc. for Island Lakes located at 25622 Napier Road Bill Stanton of Toll Brothers, Inc is requesting multiple sign variances for nine over sized real estate signs and twelve directional signs for the Island Lakes Community Development. The property is zoned RA and located south of Grand River north of Ten Mile and east of Napier west of Wixom Road. The applicant is requesting nine (9) variances for oversized real estate signs to be located: #1 Wixom Road/Drakes Bay Drive CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) Temporary Signs states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the residential property…shall be 64 square feet in area and not higher than five (5) feet. One sign." The applicant is requesting twelve (12) variances for #4 Ravine Drive/Shoreline CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 (a) Prohibited Signs states: "A sign nor expressly permitted is prohibited." Applicant is requesting nine oversized real estate sign variances and twelve sign variances for directional signage in the Island Lakes Community Development. Case was tabled to the July 10, 2007 ZBA meeting. The Board imposed a one-week deadline to submit a prioritized listing of the sign requests to be considered at the July hearing. 13. Case No. 07-041 filed by Charles Sexton of Grace Immanuel Bible Church for 21900/21950 Meadowbrook Road Charles R. Sexton of Grace Immanuel Bible Church is requesting four variances to the permitted uses subject to special conditions in an R District located at 21900/21950 Meadowbrook Road. The applicant is requesting a variance from the requirement that a church be on a site that is at least three (3) acres in size, a variance from the minimum building setback of seventy five (75) feet, a variance from the minimum parking lot setback of thirty five (35) feet adjacent to a residential property and a variance from the requirement that there be no parking in the front yard. Property is zoned R-3 and located east of Meadowbrook north of Eight Mile. NOVI CODE OF ORDINANCES ARTICLE 4 Section 402 a. One Family Residential Districts "Principle Uses Permitted Subject to Special Conditions" states: " Churches and other facilities normally incidental thereto shall be subject to the following: Minimum site size shall be three (3) acres." REQUIRED LOT AREA 3 ACRES NOVI CODE OF ORDINANCES ARTICLE 4 Section 402 d. One Family Residential Districts "Principle Uses Permitted Subject to Special Conditions " states: " Churches and other facilities normally incidental thereto shall be subject to the following: "Minimum building setbacks shall be seventy-five (75) feet from all property lines." REQUIRED BUILDING SETBACK 75 FEET NOVI CODE OF ORDINANCES ARTICLE 4 Section 402 e. One Family Residential Districts "Principle Uses Permitted Subject to Special Conditions" states: " Churches and other facilities normally incidental thereto shall be subject to the following: "There shall be no parking in front yard, nor closer than twenty (20) feet from any side or rear lot line, except in those instances where the lot abuts a residential lot and in those instances, no closer than thirty-five (35) feet." REQUIRED PARKING LOT SETBACK 35 FEET PARKING REQUIREMENT NO PARKING IN FRONT YARD Applicant is requesting four (4) variances to permitted uses subject to special conditions within an R District. IN CASE NO. 07-041 GRANT THE REQUEST FOR THE VARIANCES AS PROPOSED BY THE APPLICANT TAKING NOTE OF THE FACT THAT THIS IS ALREADY AN EXISTING BUILDING AND SOME OF THESE LOT SIZES CANNOT BE INCREASED EVEN THOUGH THE REQUIREMENT IS 3 ACRES AND THE PROPOSED LOT AREA IS 2.45 ACRES. ALSO TAKING INTO CONSIDERATION THE SETBACK IS PROPOSED TO BE 74 FEET, WHICH IS A VARIANCE OF ONLY ONE FOOT AND THE PARKING LOT SETBACK IS MAKING AN ACCOMMODATION OF THE CHURCH AND WILL BE MAKING THE PARKING REQUIREMENT IN THE FRONT YARD OF TWO SPACES AND WILL BE USED BY HANDICAPPED PEOPLE. Motion Carried: 6-0 14. Case No. 07-042 filed by William R. Lutz, III of Sign Graphix for Cooper Standard located at39550 Orchard Hill Place Sign Graphix, representing Cooper Standard is requesting one 70 square foot ground sign for the business located at 39550 Orchard Hill Place. Applicant is requesting one two-foot six-inch height variance and one thirty square foot area variance. The property is zoned OSC and is located north of Eight Mile and west of Haggerty Road. CITY OF NOVI CODE OF ORDINANCES Section 28-5 (2) 1 i. Area height and placement states: " ground signs shall not exceed a maximum thirty (30) square feet " CITY OF NOVI CODE OF ORDINANCES Section 28-5 (2) 2 ii Area height and placement states: " ground signs shall not exceed a height of six (6) feet." Applicant is requesting height and area variances for a ground sign. IN CASE NO. 07-042 GRANT THE APPLICANT’S REQUEST FOR A SIGN VARIANCE WITH THE DIMENSIONS NOT EXCEEDING 7 FEET TALL AND 8 FEET IN LENGTH GIVING A TOTAL SQUARE FOOTAGE OF 56 SQUARE FOOT. THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY DUE TO THE UNIQUE CIRCUMSTANCES OF THE PROPERTY AND THE AREA SURROUNDING IT. IT WAS ALSO ESTABLISHED THAT THE PROPOSED USE WOULD NOT BE A DETRIMENT TO PUBLIC SAFETY AND THE WELFARE OF THE SURROUNDING AREA AND IT WILL ACTUALLY BE A BENEFIT DUE TO THE AUTOMOTIVES [automobiles] AND THE PEOPLE WHO ARE DRIVING THEM BEING ABLE TO SEE THE BUILDING MORE SUFFICIENTLY AND THE PETITIONER HAS ESTABLISHED THE GRANT OF THE VARIANCE WILL NOT IMPAIR THE INTENT OR PURPOSE OF THE ORDINANCE. Motion Carried: 4-2 (Yes: Fischer, Gatt, Krieger,
Sanghvi; No: Bauer, Canup) 15. Case No. 07-043 filed by Paul Hedemark of Mozart Homes for 25444 Danyas Way in Taft Knolls II Paul Hedemark of Mozart Homes is requesting a 1.7-foot rear yard setback variance for the construction of a new residence located at 25444 Danyas Way in the Taft Knolls II Subdivision. Property is zoned R-4 and located south of Eleven Mile Road and east of Taft Road. NOVI CODE OF ORDINANCES ARTICLE 24 Section 2400, "Schedule of Regulations" requires a minimum rear yard setback of 35 feet. REQUIRED REAR YARD SETBACK 35 FEET Applicant is requesting a rear yard setback variance to build a new single family home. IN CASE NO. 07-043 GRANT THE VARIANCE AS REQUESTED DUE TO A PRACTICAL DIFFICULTY WITH THE WETLANDS ON THE SITE AND THE NON-CONVENTIALLY SHAPED LOT. Motion Carried: 6-0 OTHER MATTERS 1. ZBA06-082 2280 Austin Drive – Petitioner requesting an extension on the 90 requirement to obtaining a building permit.TO GRANT A 90-DAY EXTENSION TO THE REQUIREMENT OF OBTAINING A BUILDING PERMIT WITHIN 90 DAYSOF DATE OF DECISION. PERMIT MUST BE OBTAINED BY AUGUST 6, 2007. Motion Carried: 6-0 2. Establishment of Sub Committee for ZBA Rules of Procedure Update Committee is tasked with the following charge:
Committee Members include: Veteran Member Canup Alternate Member Krieger Vice Chairperson Fischer Meeting Adjourned 11:21 pm
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