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ACTION SUMMARY Roll call Members Present: Bauer, Canup, Fischer, Gronachan, Krieger and Sanghvi Rules of Conduct:
Approval of Agenda - approved Approval of Minutes – November 11, 2005 Public Remarks - none 1. Case No. 05-081 filed by Patti Krula of Metro Detroit Signs for Huntington Bank located at 27250 Wixom Road which is located south of Grand River and north of Eleven Mile Road. Ms. Patti Krula of Metro Detroit Signs is requesting four (4) sign variances to erect a monument sign in addition to a wall sign for Huntington Bank located at 27250 Wixom Road which is located south of Grand River and north of Eleven Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: “No parcel of land shall be allowed more than one (1) sign permitted under this section. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2 states: “Height regulations – ground signs 7’ 4” Requested 5’ Permitted 2’ 4” Height variance needed CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (a)3 states: “Placement Regulations” 63’ Setback from center line of Wixom Road required 55’ Setback from center line of Wixom Road requested 8’ Setback variance needed CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (a)1 states: “Area Regulations” 37.75 square feet requested 27.50 square feet permitted @ 55’ setback 10.25 square feet variance needed MOTION: IN CASE NO. 05-081 DENY THE CASE DUE TO THE PETITIONER NOT BEING PRESENT AT THE MEETING. 2. Case No. 05-093 filed by Graham Clements Management for Parcel A (1.69 Acres) and Parcel B (1.94 Acres) of Lots 8,9,10 & 11 of the Novi Industrial Subdivision. Property is zoned I-1 and located south of Nine Mile Road and west of Ashbury Drive. Graham Clements Management is requesting a ten (10) foot parking setback variance for proposed Parcel A (1.69 Acres) and a ten (10) foot parking setback variance for proposed Parcel B (1.94 Acres) of Lots 8,9,10 & 11 of Novi Industrial Subdivision. Applicant is requesting a parcel split (Parcel # 22-35-127-019) that contains two (2) existing buildings, a shared access and parking lot. Property is zoned I-1 and located south of Nine Mile Road and west of Ashbury Drive. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, “Schedule of Regulations” requires a minimum parking setback of ten (10) feet in an I-1 zoning district. REQUIRED PARKING SETBACK (PARCEL A) 10 FEET PROPOSED PARKING SETBACK 0 FEET VARIANCE REQUESTED 10 FEET REQUIRED PARKING SETBACK (PARCEL B) 10 FEET PROPOSED PARKING SETBACK 0 FEET VARIANCE REQUESTED 10 FEET MOTION: IN CASE NO. 05-093 GRANT THE VARIANCE AS REQUESTED DUE TO THE PRACTICAL DIFFICULTY, WITH THE STIPULATION THAT THE DOCUMENTATION NEEDED FOR THE EASEMENTS BE IN PLACE BEFORE THIS VARIANCE BE ACTIVE. 3. Case No. 05-094 filed by Kevin Christiansen of Pulte Land Development Corp. for Townes at Liberty Park. Property is zoned R-A, Residential Acreage with Consent Judgment and is located in the multiple portion of the property north of Twelve Mile and west of Dixon Road. Pulte Land Development is requesting a variance to allow the placement of a swimming pool, pool house and tot lot within a front yard of a through lot located at 28300 Declaration Drive between Declaration Drive and Gwinett Loop at the Townes of Liberty Park, Pulte Land Development Corporation’s Liberty Park Project. Property is zoned R-A, Residential Acreage with Consent Judgment and is located in the multiple portion of the property north of Twelve Mile and west of Dixon Road. NOVI CODE OF ORDINANCES: Section 2503, Paragraph 1, B states that accessory buildings/structures shall not be erected in any required front yard or in any required exterior side yard. Applicant requests placement of a swimming pool, pool house and tot lot within a front yard. MOTION: IN CASE NO. 05-094 GRANT THE VARIANCE AS REQUESTED DUE TO A PRACTICAL DIFFICULTY OF THE PROPERTY BEING FRONTED ON TWO STREETS ON BOTH FRONT AND BACK. 4. Case No. 05-095 filed by David Knipper McNish Sports at 45283 Grand River. Property is located east of Taft Road and on the south side of Grand River. This case has been tabled by the board to January 10, 2006 meeting. Mr. Knipper is requesting one sign variance to allow a business center sign for Albers Commerce Center located at 45283 Grand River, which is east of Taft Road and south of Grand River. CITY OF NOVI, CODE OF ORDINANCE, Section 28-1(1) states: “Business center sign means a sign which identifies the name and/or logo of a business center and which does not contain any information regarding individual stores, services, businesses, institutions, organizations or industries located within the planned complex or contiguous stores.” Ø The Applicant is requesting permission to reface a business center sign and change into business sign. 5. Case No. 05-096 filed by Robert Gardner for 1533 West Lake Drive. Property is zoned R-4 and located east of West Park Drive and south of Pontiac Trail. Mr. Robert Gardner is requesting four (4) variances for the construction of a new home located at 1533 West Lake Drive. Applicant is requesting a north side yard setback of nine (9) feet, a south side yard setback of four (4) feet, a combined total side yard setback of thirteen (13) feet and a lot coverage variance of three percent (3%). 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” requires a minimum side yard setback of ten (10) feet with a combined side yard setback total of twenty-five (25) feet and a maximum lot coverage of twenty-five percent (25%) REQUIRED SIDE YARD SETBACK (NORTH) 15 FEET PROPOSED SIDE YARD SETBACK 6 FEET VARIANCE REQUESTED 9 FEET REQUIRED SIDE YARD SEBACK (SOUTH) 10 FEET PROPOSED SIDE YARD SETBACK 6 FEET VARIANCE REQUESTED 4 FEET REQUIRED TOTAL OF BOTH SIDE YARDS 25 FEET PROPOSED TOTAL OF BOTH SIDE YARDS 12 FEET VARIANCE REQUESTED 13 FEET PROPOSED LOT COVERAGE 28 % MAXIMUM LOT COVERAGE 25 % VARIANCE REQUESTED 3 % MOTION: IN CASE NO. 05-096 GRANT THE VARIANCE REQUESTED BY THE APPLICANT DUE TO THE PRACTICAL DIFFICULTY OF THE CONFIGURATION OF THE LOT. 6. Case No. 05-097 filed by Dennis Miller with Flagstar Bank for the construction of Flagstar Bank at 39900 Eight Mile Road. Property is zoned OSC and located on the northeast corner of Eight Mile Road and Orchard Hill Road. Mr. Dennis Miller of Flagstar Bank is requesting two (2) variances for construction of a Flagstar Bank branch located at 39900 Eight Mile Road. Applicant is seeking a variance of 1.131 acres for the allowance of front yard parking and a seven (7) foot variance to accommodate stacking space and an emergency escape lane on the eastern side yard setback. Property is zoned OSC and located on the northeast corner of Eight Mile Road and Orchard Hill Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, subparagraph h (1) ”Schedule of Regulations” states that no off street parking shall be allowed in a front yard of an OSC District unless a parking area serves a development of two (2) acres in size. YARD AREA REQUIRED FOR FRONT YARD PARKING 2 ACRES YARD AREA PROPOSED FOR FRONT YARD PARKING .869 ACRES VARIANCE REQUESTED 1.131 ACRES NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, “Schedule of Regulations” requires a minimum parking setback of twenty (20) feet on the eastern side yard. REQUIRED MINIMUM PARKING SETBACK 20 FEET PROPOSED MINIMUM PARKING SETBACK 13 FEET VARIANCE REQUESTED 7 FEET MOTION: IN CASE NO. 05-097 DENY THE REQUEST AS STATED DUE TO THE FACT THAT THE PROPERTY CAN BE DEVELOPED WITHOUT VARIANCES AND THAT IT IS A GROSS REQUEST WHEN THE ORDINANCE CALLS FOR TWO ACRES AND THE PETITIONER IS SUPPLYING .869 ACRES AND THIS INCLUDES THE DENIAL OF THE TWO (2) REQUESTS BY THE PETITIONER OF 1.131 ACRES AND A SEVEN (7) FOOT PARKING SETBACK VARIANCE REQUEST. 7. Case No. 05-098 filed by Todd Smith of Thompson Brown for 43700 EXPO Center Drive Located west of Novi Road and North of Grand River just south of I-96 Expressway. Mr. Todd Smith of Thompson Brown is requesting an extension of a variance approval previously granted to Signature Associates for two (2) sign variances to erect one oversized real estate sign at the site of the present Novi Expo Center located at 43700 Expo Center Drive located west of Novi Road and north of Grand River just south of I-96 Expressway. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: “Residential business sale, rental or lease sign shall be 6 (six) area square feet...” Requested: 64 square feet Permitted: 6 square feet Variance: 58 square feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: “Residential business sale, rental or lease sign shall not be higher than five (5) feet.” Requested: 12 feet Permitted: 5 feet Variance: 7 feet MOTION: IN CASE NO. 05-098 GRANT THE VARIANCE AS REQUESTED FOR EIGHTEEN (18) MONTHS OR IF LEASED OUT TAKE THE SIGN DOWN. 8. Case No. 05-099 filed by Soave Corp – Novi, LLC for the proposed Pinebrook Professional Building. Property is located in Section 24 at the southeast corner of Grand River Avenue and Joseph Drive. Subject property is 1.2 Acres and zoned NCC. Applicant called prior to the meeting requesting his case be moved to the January 10, 2006 meeting. Mr. Rino Soave of Soave Corp. Novi, LLC is requesting two (2) variances for the construction of the Pinebrook Professional Building located in Section 24 at the southeast corner of Grand River Avenue and Joseph Drive. Applicant is requesting a lot area variance of .8 Acres and a front yard setback variance of thirteen (13) feet. Subject property is 1.2 Acres and zoned NCC. Applicant is proposing to build a 7,992 square foot one story office building. NOVI CODE OR ORDINANCES: ARTICLE 24; Section 2400, “Schedule of Regulations” requires a forty (40) foot front yard setback with a minimum lot area of 2 Acres. REQUIRED FRONT YARD SETBACK 40 FEET PROPOSED FRONT YARD SETBACK 27 FEET VARIANCE REQUESTED 13 FEET REQUIRED LOT AREA 2 ACRES EXISTING LOT AREA 1.2 ACRES VARIANCE REQUESTED .8 ACRES 9. Case No. 05-100 filed by Will Hicks with National City Bank for 48648 Grand River Avenue. Property is located east of Wixom Road and on the north side of Grand River. This case has been tabled by the board to the January 10, 2006 meeting. Mr. Hicks is requesting three (3) sign variances to allow two (2) wall signs and one (1) ground sign for National City Bank located at 48648 Grand River, which is east of Wixom Road and on the north side of Grand River. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3) states: “Number of on premises advertising signs – no building or parcel of land shall be allowed more than one (1) sign permitted under this section….” Ø The Applicant is requesting permission to erect two (2) wall signs and one (1) ground sign. 10. Case No. 05-101 filed by Thomas Spirl with Mahle Powertrain LLC. at 41000 Vincenti Court. Property is zoned I-1 and located north of Grand River Avenue and east of Meadowbrook Road. Mr. Spirl is requesting the placement of two (2) above ground fuel storage tanks (1000 gallons each) to be located at the rear of the building without screening at 41000 Vincenti Court. Applicant is requesting the two additional above ground fuel storage tanks to support diesel engine testing programs. Property is zoned I-1 and located north of Grand River Avenue and east of Meadowbrook Road. NOVI CODE OF ORDINANCES: Section 1905.1b(2), states that the following use may be conducted outside a completely enclosed building: Outdoor placement of an above ground storage tank of not more than a six-hundred gallon (600) capacity where outdoor placement is necessary for compliance with Chapter 15 (Fire Prevention and Protection) of the Novi Code of Ordinances. All such tanks shall be enclosed or screened from public view. Applicant is requesting two (2) above ground 1000 gallon capacity diesel storage tanks located approximately fifteen (15) feet from the rear of the building. The tanks are not screened from public view. MOTION: IN CASE NO. 05-101 GRANT THE VARIANCES AS REQUESTED BY THE PETITIONER FOR A PERIOD OF TWO YEARS AS THEY HAVE DEMONSTRATED A PRACTICAL DIFFICULTY AND HAVING CLEARANCE FROM THE FIRE DEPARTMENT. ALSO, PETITIONER MUST COMPLY WITH THE INTERNATIONAL FIRE CODE AND NFPA 34 FLAMMABLE AND COMBUSTION. 11. Case No. 05-102 filed by Randy Rathert with Federated Retail Holdings, Inc. d/b/a The May Design and Construction Company for Twelve Oaks Mall. Property is zoned RC, Regional Center District and located south of Twelve Mile Road and east of Novi Road. Mr. Rathert is requesting a forty (40) foot south setback variance for the construction of an addition to the existing Marshall Field’s store located at Twelve Oaks Mall. Property is zoned RC, Regional Center District and located south of Twelve Mile Road and east of Novi Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, “Schedule of Regulations” requires a minimum yard setback of one hundred (100) feet from the front, side and rear property lines. MINIMUM REQUIRED YARD SETBACK (SOUTH) 100 FEET MINIMUM PROPOSED YARD SETBACK 60 FEET VARIANCE REQUESTED 40 FEET MOTION: IN CASE NO. 05-102 GRANT THE VARIANCE AS REQUESTED DUE TO A PRACTICAL DIFFICULTY BASED ON THE EXISTING PROPERTY. 12. Case No. 05-103 filed by John Eggert with the Taubman Company for Twelve Oaks Mall. Property is zoned RC, Regional Center District and located south of Twelve Mile Road and east of Novi Road. Mr. Eggert is requesting three (3) variances for the expansion of Twelve Oaks Mall, an addition to Marshall Field’s, new construction of a Nordstrom department store and a new parking lot area of 450 spaces. Applicant is a seeking a forty (40) foot height variance for the maximum height of a light fixture adjacent to a residential use, a variance to exceed the maximum ratio of 4:1 for average light levels for parking lot lighting and variance to the requirements for irrigation for certain landscaped islands as shown in Exhibit B. Property is zoned RC, Regional Center District and located south of Twelve Mile Road and east of Novi Road. NOVI CODE OF ORDINANCES: Section 2511.3.a, states for lighting adjacent to residential districts light fixtures shall not be mounted in excess of twenty-five (25) feet above grade. PROPOSED HEIGHT OF LIGHTING FIXTURE 65 FEET MAXIMUM HEIGHT OF LIGHTING FIXURE ALLOWABLE 25 FEET VARIANCE REQUESTED 40 FEET NOVI CODE OF ORDINANCES: Section 2511.3.e, states that the ratio of the average light level of the surface being lit to the lowest light of the surface being lit, measured in foot-candles, shall not exceed a 4:1 ratio. Applicant is requesting to exceed the 4:1 ratio of the average light level. NOVI CODE OF ORDINANCES: Section 2509.2 requires that all landscape areas be irrigated. (Refer to Landscape Design Manual – Supplemental Requirements and Procedures, Paragraph 2s – Landscape Plan Requirements. Applicant is requesting a variance to the Landscape Islands Irrigation requirement as shown in Exhibit Drawing B, all of Area B and portions of Area C. MOTION: IN CASE NO. 05-103 GRANT THE PETITIONER’S REQUEST FOR LIGHTING AS STATED. IN CASE NO. 05-103 GRANT THE PETITIONER’S REQUEST FOR THE LANDSCAPING BASED ON THE INFORMATION PRESENTED TO US BY THE PETITIONER, INDICATING THAT THEY ARE ACCEPTING FULL RESPONSIBILITY TO MANUALLY MAINTAIN THIS ISLAND AND THAT BY NOT GRANTING THIS VARIANCE WOULD HAVE A NEGATIVE IMPACT ON THE ENTIRE PROJECT. 13. Case No. 05-104 filed by John Carroll of Carroll Installations for Games Workshop located at 27793 Novi Road. Property is located west of Novi Road and south of Twelve Mile Road. Mr. Carroll is requesting one sign variance to allow an additional identification wall sign for Games Workshop located at 27793 Novi Road, which is west of Novi Road and south of Twelve Mile Road. CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3)d. states: “…each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign…” The Applicant is requesting permission to erect one (1) wall sign. MOTION: IN CASE NO. 05-104 GRANT THE PETITIONER’S REQUEST FOR A NEEDED BUSINESS IDENTIFICATION DUE TO THE LOCATION OF THE BUILDING IN THE PARKING LOT. THE VARIANCE IS CONDITIONAL ON PETITIONER PROVIDING MANAGEMENT APPROVAL LETTER AND IS GRANTED FOR THIS PETITIONER ONLY. 14. Case No. 05-105 filed by Robby Ash of NorthStar Signs, Inc. for Cushman & Wakefield Real Estate sign on vacant parcel #5022-13-351-003 east of Meadowbrook Road, north of Bridge Street and facing the I-96 Expressway Mr. Ash of NorthStar Signs, Inc. is requesting an extension of 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: IN CASE NO. 05-105 DENY THE CASE DUE TO THE PETITIONER NOT BEING PRESENT AT THE MEETING. 15. Case No. 05-106 filed by Kam Ruwe of Singh Development for Waltonwood at Twelve Oaks – Sign A is located in front of the Waltonwood development on Huron Circle Drive and Sign B is located on Twelve Mile Road Kam Ruwe of Singh Development representing Waltonwood at Twelve Oaks is requesting sign extension variances for two (2) marketing signs. Sign A is located in front of the Waltonwood development on Huron Circle Drive. Sign B is located on Twelve Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (1) states that the maximum permit duration is: …”valid until issuance of last certificate of occupancy or for a period of twelve (12) months, whichever occurs first.” Ø Sign A was granted its first extension on February 1, 2000 (ZBA Case No. 99-089), its second extension on February 6, 2001 (ZBA Case No. 01-001), its third extension on March 5, 2002 (ZBA Case No. 02-008), its fourth extension was granted on May 6, 2003 (ZBA Case No. 03-030) and fifth extension was granted on August 10, 2004 (ZBA Case No. 04-067). Ø Sign B was approved on January 9, 2001 (ZBA Case 00-108) and was granted its first extension on March 5, 2002 (ZBA case No. 02-008) its second extension on May 6, 2003 (ZBA Case No. 03-030) and its third extension on August 10, 2004 (ZBA 04-067). MOTION: IN CASE NO. 05-106 DENY THE CASE DUE TO THE PETITIONER NOT BEING PRESENT AT THE MEETING. Meeting adjourned at 10:15 pm
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