| 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, Canup, Fischer, Gronachan, and Sanghvi Members Absent Excused: Ruyle Rules of Conduct:
Approval of Agenda - Approved as amended Approval of Minutes – none Public Remarks - none 1. Case No. 04-086 filed by Cheryl Murphy, homeowner, 22798 Shadow Pine Way in the Village Oaks Subdivision Case tabled prior to meeting by request of applicant to the November 9, 2004 ZBA meeting. First presented at the September 7, 2004 ZBA meeting (Tabled by Board) Mrs. Murphy is requesting an eight (8) foot exterior side yard variance for the construction of a first floor addition to the home located at 22798 Shadow Pine Way. Property is a corner lot zoned R-4 and located north of Nine Mile Road and east of Meadowbrook Road in the Village Oaks Subdivision. NOVI CODE OF ORDINANCES: Article 24; Section 2400, "Schedule of Regulations" require a minimum of thirty (30) feet for an exterior side yard in an R-4 zoning district.
REQUIRED EXTERIOR SIDE YARD 30 FEET PROPOSED EXTERIOR SIDE YARD 22 FEET VARIANCE REQUESTED 8 FEET CASE TABLED TO THE NOVEMBER MEETING PER APPLICANT – CASE NOT PRESENTED AT THE OCTOBER 5, 2004 ZBA
2. Case No. 04-094 filed by Matt Fill of Oscar W. Larson Company representing Sunoco Gas Station at 43601 Grand River Avenue Case first presented at the September 7, 2004 ZBA meeting. Tabled by the Board to the October 5, 2004 meeting. Mr. Fill of Oscar W. Larson Company representing Sunoco Gas Station is requesting two (2) sign variances to erect a monument sign at 43601 Grand River Avenue west of Novi Road and east of Flint Road CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2) a.3 states "….Placement along all other roadway may be not nearer than fifteen (15) feet from the right of way line…" Proposed side yard setback 20 feet Required setback 15 feet Variance needed: 5 feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2) a.2 ii states: All other ground signs shall not exceed a height of five (5) feet. Proposed Height 6 feet Required Height 5 feet Variance needed: 1 foot CASE TABLED TO THE NOVEMBER MEETING BY BOARD FOR ADDITIONAL INFORMATION ON THE LOCATION OF THE SIGN OCTOBER 11, 2004, NOTIFIED THAT THE CASE IS CANCELLED BY APPLICANT AND THE SIGN WILL BE RELOCATED TO MEET CITY OF NOVI CODE ORDINANCES
3. Case No. 04-057 filed by Christopher Cagle for Glenda’s Market at 40575 Grand River Avenue. Case 04-057 was tabled by the applicant to the July 6, 2004 ZBA meeting. Case was tabled by the Board at the August 10th ZBA meeting following a case presentation. Case not heard at September meeting as applicant requested case be tabled to the October 5, 2004 ZBA meeting. Mr. Cagle is requesting one (1) variance to allow outdoor storage of landscape material on a vacant parcel of land west of 40575 Grand River Avenue, Sidwell 5022-24-301-011. Property is zoned OS-1 and located east of Meadowbrook Road and south of Grand River Avenue. CITY OF NOVI, CODE OF ORDINANCES, Section 1101, "Principal Uses Permitted" prohibits outdoor storage in an OS-1 Zoning District. Ř Applicant is requesting the storage of landscape materials on the abutting leased property in an OS-1 Zoning District. MOTION: IN CASE NUMBER 04-057 MOVE TO GRANT THE VARIANCE OF USE FOR A TEMPORARY PERIOD OF ONE YEAR WITH THE FOLLOWING CONDITIONS INCLUDED IN THE APPROVAL: 1. THE PROPERTY IS TO BE DEVELOPED IN COMPLIANCE WITH THE SITE PLAN SUBMITTED ON SEPTEMBER 28, 2004. 2. COMPLIANCE WITH ALL THE CONDITIONS OF THE JULY 21, 2004 AGREEMENT WITH WILLOWBROOK FARM HOMEOWNERS.
4. Case No. 04-073 filed by John and Linda Anderson for residence at 1361 East Lake Road Case tabled by request of applicant to the November 9, 2004 ZBA meeting. Case application taken for the August 12. 2005 ZBA meeting – not presented at August, September, or October meeting Mr. & Mrs. Anderson are requesting five (5) variances for the construction of an addition to an existing building located at 1361 East Lake Drive. Applicant is requesting a ten (10) foot side yard setback variance on the south side, a ten (10) foot variance for the aggregate total of both side yards, an eleven (11%) percent lot coverage variance, a variance to allow two (2) additional accessory structures on the property and reconstruction of a non conforming structure in excess of sixty (60) percent of its replacement cost. Property is located east of East Lake Drive between Thirteen and Fourteen Mile Road and is Zoned R-4. 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 two sides being twenty-five (25) feet and a maximum lot coverage of twenty-five (25) percent. REQUIRED SIDE YARD SETBACK (SOUTH SIDE) 15 FEET PROPOSED SIDE YARD SETBACK (SOUTH SIDE) 5 FEET VARIANCE REQUESTED 10 FEET REQUIRED MINIMUM AGGREGATE OF TWO SIDE YARDS 25 FEET PROPOSED MINIMUM AGGREGATE OF TWO SIDE YARDS 15 FEET VARIANCE REQUESTED 10 FEET
PROPOSED LOT COVERAGE (HOME + ACC. STRUCTURE) 36 % MAXIMUM LOT COVERAGE 25 % VARIANCE REQUESTED 11 % NOVI CODE OF ORDINANCES: Section 2503, Paragraph 1G "Accessory Building", states that not more than one (1) detached accessory building shall be permitted on any lot having less than 21,780 square feet of area. TOTAL ACCESSORY STRUCTURES ON THE PROPERTY 3 TOTAL ACCESSORY STRUCTURES ALLOWABLE 1 VARIANCE REQUESTED 2 NOVI CODE OF ORDINANCES: Section 2502, Paragraph 4B states that should any structure be destroyed by any means to an extent of more than sixty (60) percent of its replacement costs, exclusive of foundation, it shall be reconstructed only in conformity with the provisions of this Ordinance, except that reconstruction on the existing foundation or footings shall be permitted, provided reconstruction is commenced within six (6) months from the date of such damage. Applicant has performed work in excess of normal repairs and such work has been determined to exceed the sixty (60) percent replacement costs exclusive of foundations. CASE TABLED TO THE NOVEMBER MEETING PER APPLICANT – CASE NOT PRESENTED AT THE OCTOBER 5, 2004 ZBA
5. Case No. 04-080 filed by Robby Ash of NorthStar Signs, Inc. for real estate sign for Cushman & Wakefield Case tabled by request of the applicant from the September meeting to the October meeting. Mr. Ash of NorthStar Signs, Inc. is requesting two (2) sign variances to erect a ground real estate sign for Cushman & Wakefield. The sign is to be located on vacant property (Sidwell # 5022-13-351-003) east of Meadowbrook Road, north of Bridge Street and facing the I-96 Expressway. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..." Requested : 64 square feet Permitted: 16 square feet Variance needed: 48 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet." Requested: 10 feet Permitted: 5 feet Variance needed: 5 feet MOTION: WITH RESPECT TO CASE 04-080 MOVE TO APPROVE THE SIGN VARIANCE FOR THE PURPOSE OF MARKETING AND THE SIZE OF THE SITE AND LOCATION. THE APPROVAL IS FOR A PERIOD OF ONE YEAR.
6. Case No 04-083 filed by Nick Miller for Sam’s Club in the Promenade Shopping Center Case tabled by applicant from the September meeting to the October ZBA meeting. Mr. Miller is requesting three (3) variances for the construction of Sam’s Club located in the Novi Promenade Shopping Center on the south side of Grand River and east of Wixom Road. Applicant is requesting a thirty (30) foot interior (south) side setback variance, a twenty (20) foot parking setback variance along the westerly property line at Outlot 1 and a variance to allow overhead doors to face a major thoroughfare (Grand River Avenue). Property is zoned I-1 and covered by a Consent Judgment with B-2 and B-3 zoning. NOVI CODE OF ORDINANCES: Article 24; Section 2400, "Schedule of Regulations" requires a minimum thirty (30) foot building side yard setback and a twenty (20) foot front parking setback for the property in a B-2 zoning district. REQUIRED SIDE YARD SETBACK (SOUTH SIDE) 30 FEET PROPOSED SIDE YARD SETBACK 0 FEET VARIANCE REQUESTED 30 FEET REQUIRED PARKING SETBACK (FRONT) 20 FEET PROPOSED PARKING SETBACK (FRONT) 0 FEET VARIANCE REQUESTED 20 FEET NOVI CODE OF ORDINANCES: Section 1403.7 states that no truck well, loading dock, overhead door or other type of service bay door shall face a major thoroughfare, nor an abutting residential district. Applicants T.L.E. overhead doors face Grand River Avenue. MOTION: IN CASE NUMBER 04-083 MOVE TO GRANT THE FOLLOWING THREE (3) VARIANCES. 1. REQUIRED SIDE YARD SETBACK (SOUTH SIDE) 30 FEET PROPOSED SIDE YARD SETBACK 0 FEET VARIANCE REQUESTED 30 FEET 2. REQUIRED PARKING SETBACK (FRONT) 20 FEET PROPOSED PARKING SETBACK (FRONT) 0 FEET VARIANCE REQUESTED 20 FEET 3. APPLICANTS T.L.E. OVERHEAD DOORS FACING GRAND RIVER AVENUE THE REASONING FOR THE MOTION IS THE HARDSHIP CREATED BY THE SALE OF THE PIECE OF PROPERTY TO AN INDIVIDUAL NOT AS A PART OF THE HOLDING COMPANY THAT OWNS THE ENTIRE CENTER. ALSO, THERE WOULD BE NO VARIANCE REQUEST IF THIS WAS A SINGLE OWNERSHIP. THE DOORS MEETS THE SPIRIT OF THE ORDINANCE AND SUBSTANTIAL JUSTICE WAS DONE TO MEET THE SPIRIT OF THE ORDINANCE.
7. Case No. 04-089 filed by Phil Smyka for the Pet Resort proposed for 46871 Grand River Avenue and lot east and south Case tabled by applicant from the September meeting to the October ZBA meeting Mr. Smyka is requesting a use variance or favorable interpretation to allow a Veterinary Hospital, Day Care and Pet Resort to be placed in an I-1 Light Industrial District located on the south side of Grand River Avenue and west of Heyn Drive. New construction proposed to be located in a combination of the following three sites: 46871 Grand River Avenue 5022-16-151-004 – existing building to be removed. Vacant property #5022-16-151-005 East of above site – approximately west eighty (80) feet. Vacant property #5022-16-300-018 south of the above two sites – the NW corner of parcel. The 116.60 feet of the north portion of this parcel abuts IOS-1, abuts Asbury Park subdivision on the south, abuts Central Park Estate apartments on the west (below the initial 116.60 feet). NOVI CODE OF ORDINANCES: Section 3104, "Jurisdiction", Paragraph (1) states: The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in terms of this Ordinance but shall have the power to authorize a use in a zoning district in which it 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 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 a requesting a use variance or favorable interpretation to allow a Veterinary Hospital, Day Care and Pet Resort in a location within an I-1 District. MOTION: WITH RESPECT TO CASE 04-089 MOVE THAT THE PETITIONER’S REQUEST BE APPROVED AS WE FIND AND HAVE DETERMINED THAT IT IS OUR IMPRESSION AND OUR INTERPRETATION THAT HE MEETS THE SPIRIT OF SECTION 1902, SUBSECTION 16. THE OPERATION WILL BE TOTALLY ENCLOSED AND THE EVIDENCE PRESENTED IMPLIES THAT THEY WILL HAVE A QUIET AND CONTAINED OPERATION WITH RESPECT TO ANY POTENTIAL FUTURE RESIDENTIAL.
8. Case No. 04-092 filed by Harry Chawney for Villagewood Properties, LLC Villagewood Place located on Kartar Lane west of Haggerty Road between Nine and Ten Mile Roads. Mr. Chawney is requesting two (2) sign variances to erect a larger replacement real estate sign for Villagewood Place which is located on Kartar Lane which is west of Haggerty Road between Nine and Ten Mile Roads. Property is zoned RM-1. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: Real estate lease/sale signs not to exceed six (6) square feet in area nor more than five (5) feet in height. Requesting Area 15 square feet Permitted Area 6 square feet Variance needed 9 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: Real estate lease/sale signs not to exceed six (6) square feet in area nor more than five (5) feet in height. Requesting Height 9 feet Permitted Height 5 feet Variance needed 4 feet CASE TABLED TO THE NOVEMBER MEETING BY BOARD FOR ADDITIONAL INFORMATION
9. Case No. 04-095 filed by Mark Carpenter for residence at 1229 East Lake Drive located south of 14 Mile Road and east of East Lake Drive. Mr. Carpenter is requesting a five hundred ninety (590) square foot variance for the construction of a fourteen hundred and forty (1,440) square foot pole barn to be located in the rear yard of 1229 East Lake Drive. Property is zoned R-4 and located south of 14 Mile Road and east of East Lake Drive. NOTE: Applicant has an existing five hundred (500) square foot detached garage on the property that he will be removed once the pole barn is constructed. NOVI CODE OF ORDINANCES: Section 2503, Paragraph 1(E) states: Except as set forth in Section 2503.1.E.4, in a residential district, the aggregate of all accessory buildings on the property shall not exceed the following square footage of area: In the R-3, R-4 and RT Districts, 850 square feet. PROPOSED ACCESSORY STRUCTURE 1440 SQUARE FEET ALLOWABLE ACCESSORY STRUCTURE 850 SQUARE FEET VARIANCE REQUESTED 590 SQUARE FEET MOTION: IN CASE NUMBER 04-095 MOVE TO GRANT THE VARIANCE AS REQUESTED SUBJECT TO COMPLIANCE WITH ISSUES IN THE WETLANDS AND THE SOIL EROSION PERMIT IS TO BE ADDRESSED WITH THE CITY’S BUILDING DEPARTMENT. THE ARCHITECTURE OF THE SIDING IS TO CONFORM IN COLOR AND POSITION OF THAT ON THE RESIDENCE LOCATED ON THE PROPERTY. THE CERTIFICATE OF OCCUPANCY IS TO BE WITHHELD UNTIL THE EXISTING WOOD FRAME STRUCTURE IS REMOVED AND APPROVED BY THE CITY. THIS STRUCTURE IS NOT INTENDED TO BE USED OR ALLOWED TO BE USED FOR THE PURPOSE OF BUSINESS – IT IS ONLY TO BE USED FOR PERSONAL PROPERTY STORAGE.
10. Case No. 04-097 filed by Charles Veres for property at 301 Duana located north of 13 Mile Road and south of South Lake Drive. Mr. Veres is requesting five (5) variances for the construction of a new home located at 301 Duana. Applicant is requesting a twenty-five (25) foot rear yard setback variance, a northwest side yard setback variance of two (2) feet, a southeast side yard setback variance of two (2) feet, a four (4) foot variance for the combined aggregate total of both side yards and a four (4) foot rear yard setback variance for the construction of a deck. Property is zoned R-4 and located north of 13 Mile Road and south of South Lake Drive. NOTE: Applicant will be demolishing the existing home. NOVI CODE OF ORDINANCES: ARTICLE 24; SECTION 2400, "Schedule of Regulations" requires a minimum rear yard setback of thirty-five (35) feet, a minimum side yard setback of ten (10) feet with a combined aggregate total side yard setback of twenty-five (25) for properties located in an R-4 zoning district. REQUIRED REAR YARD SETBACK 35 FEET PROPOSED REAR YARD SETBACK 10 FEET VARIANCE REQUESTED 25 FEET REQUIRED MINIMUM SIDE YARD SETBACK (NW) 10 FEET PROPOSED MINIMUM SIDE YARD SETBACK 8 FEET VARIANCE REQUESTED 2 FEET REQUIRED SIDE YARD SETBACK (SE) 15 FEET PROPOSED SIDE YARD SETBACK 13 FEET VARIANCE REQUESTED 2 FEET REQUIRED COMBINED TOTAL SIDE YARDS 25 FEET PROPOSED COMBINED TOTAL SIDE YARDS 21 FEET VARIANCE REQUESTED 4 FEET NOVI CODE OF ORDINANCES: Section 2907 "Porches and Decks" state that an open unenclosed and uncovered porch or paved surface may project into a required rear yard for a distance not exceeding eighteen (18) feet. MAXIMUM REAR YARD SETBACK FOR DECK 17 FEET PROPOSED REAR YARD SETBACK FOR DECK 13 FEET VARIANCE REQUESTED 4 FEET MOTION: IN CASE NUMBER 04-097 PETITIONER’S REQUEST BE GRANTED BECAUSE OF THE LOT CONFIGURATION. 11. Case No. 04-098 filed by James A. Hillman for Oscar Larson Company for BP gas station at 43420 Twelve Mile Road on the northwest corner of Twelve Mile and Novi Roads Mr. Hillman is requesting three (3) variances to erect a new ground sign for the BP gas station. The station is located on 43420 Twelve Mile Road on the northwest corner of Twelve Mile and Novi Roads. The station has two (2) approved wall signs. 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 fifty (50) square foot ground sign. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.1ii states: "Where the business is a gasoline filling station, the maximum area of the sign shall be thirty (30) square feet." Requested area 50 square feet Permitted area 30 square feet Variance needed 20 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2ii states: "All other ground signs shall not exceed a height of five (5) feet." Requested height 6 feet Permitted height 5 feet Variance height 1 foot MOTION: IN CASE NUMBER 04-098 MOVE TO GRANT THE PETITIONER’S REQUEST DUE TO HARDSHIP SHOWN AND THAT THE BUSINESS HAS CHANGED AND THEY HAVE WORKED TO LESSEN THE VARIANCES REQUESTED.
12. Case No. 04-099 filed by James A. Hillman of Oscar W. Larson Company for BP Gas Station at 39471 Twelve Mile Road on the southwest corner of Twelve Mile and Haggerty Roads Mr. Hillman is requesting three (3) variances to erect a new ground sign for the BP gas station. The station is located on 39471 Twelve Mile Road on the southwest corner of Twelve Mile and Haggerty Roads. The station has two (2) approved wall signs. 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 fifty (50) square foot ground sign. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.1ii states: "Where the business is a gasoline filling station, the maximum area of the sign shall be thirty (30) square feet." Requested area 50 square feet Permitted area 30 square feet Variance needed 20 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2ii states: "All other ground signs shall not exceed a height of five (5) feet." Requested height 6 feet Permitted height 5 feet Variance height 1 foot MOTION: MOVE TO APPROVE THE VARIANCES REQUESTED IN CASE NUMBER 04-099 FILED BY BP GAS STATION. THIS IS FOR THE SIGN ON 39471 TWELVE MILE ROAD. THE PETITIONER HAS ESTABLISHED THAT THE PROPOSED USE REPRESENTS THE MINIMUM VARIANCE NECESSARY.
13. Case No. 04-100 filed by Terry Ervinck of Huntington Bank at Novi Promendade at 27250 Wixom Road located on the east side of Wixom Road and south of Grand River Avenue Mr. Ervinck is requesting two (2) variances for the construction of the Huntington Bank, located in the Novi Promenade Shopping Center in Section 17, east side of Wixom Road and south of Grand River Avenue. Applicant is requesting a variance to the requirement of a loading area and variance to the interior landscape requirements at the drive-thru. Property is zoned B-3 (General Business) distinct and developed under a consent judgment. CITY OF NOVI, CODE OF ORDINANCES, Section 2507.2 requires loading and unloading space to be provided in the rear yard with the B-3 (General Business) district. Applicant is requesting to eliminate the requirements for the loading and unloading area CITY OF NOVI, CODE OF ORDINANCES, Section 2509.3d2a Landscape Standards, requires interior landscape around a building on all four sides. Applicant is requesting a variance to the lack of interior building landscaping in the drive-thru area. MOTION: IN CASE NUMBER 04-100 MOVE TO GRANT THE PETITIONER’S REQUEST FOR THESE TWO VARIANCES BE GRANTED DUE TO THE NATURE OF HIS BUSINESS.
14. Case No. 04-101 filed by Terri Simpson of Sign Studio Inc. for Asbury Park Subdivision entrance signs located on the north side of Eleven Mile Road and east of Beck Road Terri Simpson of Sign Studio Inc. is representing Asbury Park subdivision and is requesting eighteen (18) sign variances for the two entrances to the subdivision located on the north side of Eleven Mile Road and east of Beck Road. Please note that Mandalay Circle has an east and west entrance off of Eleven Mile. The first entrance to the subdivision is the east entrance at Eleven Mile and Mandalay Circle. The second entrance to the subdivision is the west entrance at Eleven Mile and Mandalay Circle. Asbury Park was approved for the text sign for the east wall of the east entrance and the west wall of the west entrance. They are requesting two additional text signs, one to be located on the west wall of the east entrance and the other on the east wall of the west entrance. They are requesting two logo "crest" signs on each of the four entrance walls. First Entrance -East Entrance – east wall Variance 1 – Crest logo sign One (1) Crest logo signs – located on the first (east) of the two tallest columns. Crest measures 25" height by 15" width for a total of 2.6 square feet. Grade to top of sign height of 8 feet (96 inches). 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…" Applicant is requesting permission to erect one 2.6 square feet crest logo sign on east wall of east entrance. Variance 2 – Crest logo sign (above sign) CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)d.2 states: "Height: Maximum of five (5) feet." Requested height 8 feet Permitted height 5 feet Variance needed 3 feet Variance 3 – Crest logo sign One (1) Crest logo signs – located on the second (west) of the two tallest columns. Crest measures 25" height by 15" width for a total of 2.6 square feet. Grade to top of sign height of 8 feet (96 inches). 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…" Applicant is requesting permission to erect one 2.6 square feet crest logo sign on east wall of east entrance. Variance 4– Crest logo sign (above sign) CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)d.2 states: "Height: Maximum of five (5) feet." Requested height 8 feet Permitted height 5 feet Variance needed 3 feet First Entrance - East Entrance – west wall Variance 5 – Crest logo sign One (1) Crest logo signs – located on the first (east) of the two tallest columns. Crest measures 25" height by 15" width for a total of 2.6 square feet. Grade to top of sign height of 8 feet (96 inches). 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…" Applicant is requesting permission to erect one 2.6 square feet crest logo sign on west wall of east entrance. Variance 6– Crest logo sign (above sign) CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)d.2 states: "Height: Maximum of five (5) feet." Requested height 8 feet Permitted height 5 feet Variance needed 3 feet Variance 7– Crest logo sign One (1) Crest logo signs – located on the second (west) of the two tallest columns. Crest measures 25" height by 15" width for a total of 2.6 square feet. Grade to top of sign height of 8 feet (96 inches). 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…" Applicant is requesting permission to erect one 2.6 square feet crest logo sign on west wall of east entrance. Variance 8– Crest logo sign (above sign) CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)d.2 states: "Height: Maximum of five (5) feet." Requested height 8 feet Permitted height 5 feet Variance needed 3 feet Variance 9 – subdivision identification text sign on west wall of east entrance One (1) subdivision identification text sign on west side of entrance structure. Sign measures 90" height by 23" width for a total of 15 square feet and is 40 inches in height from grade to top of sign. 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…" Applicant is requesting permission to erect a 15 square feet subdivision identification text sign. Second Entrance - West Entrance – east wall Variance 10 – Crest logo sign One (1) Crest logo signs – located on the first (east) of the two tallest columns. Crest measures 25" height by 15" width for a total of 2.6 square feet. Grade to top of sign height of 8 feet (96 inches). 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…" Applicant is requesting permission to erect one 2.6 square feet crest logo sign on east wall of west entrance. Variance 11– Crest logo sign (above sign) CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)d.2 states: "Height: Maximum of five (5) feet." Requested height 8 feet Permitted height 5 feet Variance needed 3 feet Variance 12 – Crest logo sign One (1) Crest logo signs – located on the second (west) of the two tallest columns. Crest measures 25" height by 15" width for a total of 2.6 square feet. Grade to top of sign height of 8 feet (96 inches). 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…" Applicant is requesting permission to erect one 2.6 square feet crest logo sign on east wall of west entrance. Variance 13– Crest logo sign (above sign) CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)d.2 states: "Height: Maximum of five (5) feet." Requested height 8 feet Permitted height 5 feet Variance needed 3 feet Variance 14– subdivision identification text sign on east wall of west entrance One (1) subdivision identification sign on east side of entrance structure. Sign measures 90" height by 23" width for a total of 15 square feet and is 40 inches in height from grade to top of sign 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…" Applicant is requesting permission to erect a 15 square feet subdivision identification text sign. Second Entrance - West Entrance – west wall Variance 15 – Crest logo sign One (1) Crest logo signs – located on the first (east) of the two tallest columns. Crest measures 25" height by 15" width for a total of 2.6 square feet. Grade to top of sign height of 8 feet (96 inches). 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…" Applicant is requesting permission to erect one 2.6 square feet crest logo sign on west wall of west entrance. Variance 16– Crest logo sign (above sign) CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)d.2 states: "Height: Maximum of five (5) feet." Requested height 8 feet Permitted height 5 feet Variance needed 3 feet Variance17– Crest logo sign One (1) Crest logo signs – located on the second (west) of the two tallest columns. Crest measures 25" height by 15" width for a total of 2.6 square feet. Grade to top of sign height of 8 feet (96 inches). 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…" Applicant is requesting permission to erect one 2.6 square feet crest logo sign on west wall of west entrance. Variance 18– Crest logo sign (above sign) CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)d.2 states: "Height: Maximum of five (5) feet." Requested height 8 feet Permitted height 5 feet Variance needed 3 feet MOTION: IN CASE NUMBER 04-101 MOVE TO APPROVE VARIANCE REQUESTS # 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 15, 16, 17 AND 18. IN CASE NUMBER 04-101 MOVE TO APPROVE VARIANCE REQUESTS #9 AND 14 FOR SITE IDENTIFICATION.
15. Case No. 04-102 filed by Matthew C. Quinn, Attorney for Gardan LLC representing Hummer of Novi Mr. Quinn of Cooper, Shifman, Gabe, Quinn & Seymour representing Hummer of Novi is requesting one (1) variance to allow construction of: the on site water main and taps into the municipal water system, all necessary Right of Way work on Meadowbrook Road and/or Grand River including the placement of underground utilities, the construction of the foundation of the building including underground pilings and grade beams and the installation of the parking lot area around the building envelope prior to Final Site Plan Approval for the proposed Hummer Dealership located on the northeast corner of Meadowbrook Road and Grand River Avenue. Property is in the GE (Gateway East) District and is approximately 6.72 acres. NOVI CODE OF ORDINANCES; Section 2516, paragraph 4 (g) Site Plan Review/Final Site Plan (Administrative Approval) states upon request, the City may permit, when justifiable conditions are found to exist and after preliminary site plan approval has been given, the layout of footings, the construction of foundation walls, and to the extent they are within the building footprint, the construction of mechanical appurtenances below grade (consisting of drains, sewer lines, water lines, gas lines, and electric lines prior to Final Site Plan Approval, provide: A grading plan, drawn to local specifications and when necessary to county specifications, has been reviewed and approved: A soil erosion permit, woodlands permit and wetlands permit, when required, has been secured; Footing and foundation design plans have been approved by all applicable state, county, local departments and consultants; Facades have been approved by the planning consultant, or where applicable, by the Planning Commission; Necessary permits have been secured for all mechanical appurtenances to be installed; An agreement absolving the City of Novi of any liability has been submitted by the applicant and approved by the City’s Legal Counsel. Any permit granted under this subpart shall be valid for a period of no longer than six (6) months, within which time period the applicant shall (i) take all steps necessary to obtain final site plan approval, (ii) obtain an extension from the City Council or (iii) remove all footing and foundation work and restore the site to its prior condition. Applicant is requesting to begin construction prior to obtaining the MDEQ wetlands permit and is requesting to construct the foundation system and construction outside of the footprint of the building (but not within areas where the MDEQ permit is required). Subsection 1 and Subsection 3 through 7 above are intended to be complied with by the applicant. MOTION: I MOVE THAT THE PETITIONER'S REQUEST FOR A VARIANCE FROM SECTION 2516(4)(G) BE GRANTED TO EXPEDITE DEVELOPMENT, DUE TO PRACTICAL DIFFICULTIES ASSOCIATED WITH THE PROCESSING OF ITS WETLANDS PERMIT APPLICATION BY THE MDEQ, SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE PETITIONER ASSUMES ALL RISK FOR ANY SITE WORK DONE WHILE ITS MDEQ PERMIT APPLICATION IS PENDING. 2. THE PETITIONER SHALL OBTAIN ALL NECESSARY BUILDING DEPARTMENT APPROVALS PRIOR TO STARTING WORK, WITH THE EXCEPTION OF THE CITY WETLAND PERMIT THAT IS DEPENDENT UPON THE ISSUANCE OF THE MDEQ WETLAND PERMIT. 3. PER THE DIAGRAM SUBMITTED BY THE PETITIONER, NO WORK IS TO BE PERFORMED IN THE FLOODPLAIN OR IN THE WETLANDS (WITH THE EXCEPTION OF THE DITCH). PROPER PROTECTION IS TO BE INSTALLED IN THE BUFFER AREA. 4. THE CITY WAIVES THE FIVE (5) DAY LIMIT. 5. THE CITY ACCEPTS THE PETITIONER'S OFFER TO HOLD THE CITY HARMLESS FROM ALL CLAIMS ARISING OUT OF THIS WORK, WITH THE FORM OF AN AGREEMENT TO BE APPROVED BY THE CITY ATTORNEY AND THE BUILDING DEPARTMENT.
OTHER MATTERS: 1. ZBA 04-024 Meadowbrook Office Building – Mr. Friedlaender is requesting that the variance approval for case 04-024 be extended for such time period as the final site plan approval remains valid, including potential extensions. MOTION: IN CASE NO. 04-024 MOVE TO GRANT THE REQUEST WITH THE TIME LIMIT OF 24 MONTHS FROM THIS DATE (OCTOBER 5, 2004). 2. ZBA 04-026 filed by Gordon Wilson for 1322 East Lake Drive is requesting a one month extension on the 90 day approval. MOTION: IN CASE NO. 04-026 MOVE FOR APPROVAL OF THIRTY (30) DAYS Executive Session - to discuss attorney client privileged communication in reference to the minutes of the closed session at the September 7, 2004 Zoning Board Meeting (per David Gillam, City Attorney).
Meeting adjourned at 10:49 pm
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