| View Agenda for this meeting REGULAR MEETING – ZONING BOARD OF
APPEALS – CITY OF NOVI Members Present Bauer, Fischer, Gronachan, Krieger and Shroyer Absent Excused Members Canup and Sanghvi Rules of Conduct:
Approval of Agenda -approved Approval of Minutes - none Public Remarks 1. Case No. 05-113 filed by Dixie Cut Stone and Marble for a Temporary Use Permit to allow outdoor storage on an adjacent parcel of land not under same ownership at 25180 Seeley Road. The proposed outdoor storage property is zoned I-1 and located east of Seeley Road and north of Grand River Avenue. This case was tabled to March at the request of applicant. Dixie Cut Stone and Marble is requesting a temporary use permit to allow outdoor storage on an adjacent parcel of land not under same ownership. Proposed storage would be at the rear of the property located at 25180 Seeley Road. The proposed outdoor storage property is zoned I-1 and located east of Seeley Road and north of Grand River Avenue. The applicant, Dixie Cut Stone and Marble is located at 40230 Grand River and is zoned I-1 and adjacent to the site. NOVI CODE OF ORDINANCES: Section 3404, "Temporary Use Permits" allows the building official to permit temporary buildings and uses for periods not to exceed two years in undeveloped sections of the city and for periods of not to exceed twelve months in developed sections… NOVI CODE OF ORDINANCES: Section 3104 "Jurisdiction" The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, not to make any changes in the terms of this Ordinance, but shall have the powers 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. Applicant is requesting to allow outdoor storage on an adjacent parcel of land not under same ownership and located in I-1 zoning district. Proposed storage area is to be enclosed. 2. Case No. 05-112 filed by Planet Neon Signs for Infinity Medical Center located at 28455 Haggerty Road which is north of Twelve Mile Road and on Haggerty Road. Planet Neon Signs is requesting two (2) sign variances to erect additional wall signs to be located at 28455 Haggerty Road which is north of Twelve Mile Road and on Haggerty Road. 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 two (2) additional wall signs measuring 10’1" x 28" and 23.5 Sq. Ft. in area. MOTION: IN CASE NO. 05-112 APPROVE THE TWO ADDITIONAL WALL SIGNS GIVEN THAT THE PETITIONER HAS INDICATED A SUBSTANTIAL NEED AND FOR IDENTIFICATION PURPOSES. 3. Case No. 06-001 filed by Matthew Gudaitis for property at 2115 West Lake Drive which located east of West Park Drive and South of Pontiac Trail. This case was tabled by the board to the March 7, 2006 ZBA meeting. Mr. Gudaitis is requesting six (6) variances for the construction of a new home located at 2115 West Lake Drive. Applicant is requesting a five (5) foot front yard setback variance, an eight (8) foot rear yard setback variance, a north side yard variance of six (6) feet, a south side yard setback of thirteen (13) feet with a total aggregate variance of both side yards of nineteen (19) feet and a lot coverage variance of 23%. Property is zoned R-4 and located east of West Park Drive and south of Pontiac Trail. NOTE: Existing structures are to be removed. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations requires; a thirty (30) foot front yard setback, a thirty-five (35) foot rear yard setback, 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 30 FEET PROPOSED FRONT YARD SETBACK 25 FEET VARIANCE REQUESTED 5 FEET REQUIRED REAR YARD SETBACK 35 FEET PROPOSED REAR YARD SETBACK 27 FEET VARIANCE REQUESTED 8 FEET REQUIRED SIDE YARD SETBACK (NORTH) 10 FEET PROPOSED SIDE YARD SETBACK 4 FEET VARIANCE REQUESTED 6 FEET REQUIRED SIDE YARD SETBACK (SOUTH) 15 FEET PROPOSED SIDE YARD SETBACK 2 FEET VARIANCE REQUESTED 13 FEET REQUIRED SIDE YARD SETBACKS (BOTH SIDES) 25 FEET PROPOSED SIDE YARD SETBACKS 6 FEET VARIANCE REQUESTED 19 FEET PROPOSED LOT COVERAGE 48% MAXIMUM LOT COVERAGE 25% VARIANCE REQUESTED 23% 4. Case No. 06-002 filed by NorthStar Signs, Inc. for 41180 Bridge Street for Campus Tech Park located at 41180 Bridge Street which is located between 11 Mile and I-96. This case was tabled by the board to the March 7, 2006 ZBA meeting. NorthStar Signs, Inc. is requesting one (1) sign variance to erect a construction identification sign for Campus Tech Park located at 41180 Bridge Street. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(1) states: "construction identification sign not to be issued prior to building permit..." 5. Case No. 06-003 filed by Gerry Gibbens with City Sign Company for Dollar General located at 30560 Beck Road which is south of Pontiac Trail on Beck Road. City Sign Company is requesting one (1) sign variance to erect a wall sign for Dollar General to be located at 30560 Beck Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)b.1.(a)(i)a states: "a wall sign displayed on a building occupied by two (2) or more businesses shall not exceed twenty-four (24) square feet, or one (1) square foot of signage for every two (2) lineal feet of business frontage to a maximum of forty (40) square feet." Requested: 68.75 square feet Permitted: 40 square feet Variance needed: 28.75 square feet MOTION: IN CASE NO. 06-003 APPROVE THE VARIANCE REQUEST THAT HAS BEEN CHANGED TO FOURTY-FOUR (44) SQUARE FEET, HEIGHT WILL BE TWENTY-FOUR (24) INCHES TALL AND THE LENGTH WILL BE TWENTY-TWO (22) FEET FOR BUSINESS IDENTIFICATION. 6. Case No. 06-004 filed by Paul Hedemark with Provincial Glades LLC for Provincial Glades subdivision located on the north east corner of Nine Mile Road and Napier. Paul Hedemark with Provincial Glades LLC is requesting one (1) sign variance to erect Subdivision Business Sign for Provincial Glades at the north east corner of Nine Mile Road and Napier. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(2) states: "Subdivision Business Sign not to be issued prior to a first building permit..." MOTION: IN CASE NO. 06-004 APPROVE THE BUSINESS SIGN FOR THE NEXT ONE HUNDRED TWENTY (120) DAYS BASED ON THE TESTIMONY FROM THE PETITIONER FOR PROPERTY IDENTIFICATION UNTIL THE PETITIONER RECEIVES HIS PERMIT. 7. Case No. 06-005 filed by Jim Anderson with Huron Sign Company for The Melting Pot located at 26425 Novi Road which is south of I-96 and on the west side of Novi Road. Huron Sign Company is requesting one (1) sign variance to erect an additional wall sign on the west elevation of The Melting Pot which is located at 26425 Novi Road. 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 one (1) additional wall sign measuring 9’10" x 4’ with an area of 39.3 sq. ft. MOTION: IN CASE NO. 06-005 DENY THE REQUEST FOR ADDITIONAL SIGNAGE ON THE WEST ELEVATION BECAUSE IT IS THE FINDING OF THE BOARD THAT THIS PROPERTY IS NOT CONSIDERED TO BE A CORNER LOT BASED ON THE TESTIMONY GIVEN AND SUPPORTED BY OUR BUILDING DEPARTMENT AND THERE IS NO PRACTICAL DIFFICULTY PRESENTED TO SUBSTANTIATE THE NEED FOR THE SIGN AT THIS TIME. 8. Case No. 06-006 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. 06-006 GRANT THE REQUEST FOR THE VARIANCE OF THE MONUMENT SIGN ONLY AND FOR BUSINESS IDENTIFICATION PURPOSES. 9. Case No. 06-007 filed by Planet Neon Signs for Roche Bobois at 43223 Twelve Mile Road which is located on the south side of Twelve Mile Road and between Novi and Meadowbrook Road. This case was tabled by the board to the March 7, 2006 ZBA meeting. Planet Neon Signs is requesting one (1) sign variance to allow placement of window graphics at Roche Bobois at 43223 Twelve Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-8(14)c states: "contains a message referring to current, temporary merchandising or promotional activities such as a sale..." 10. Case No. 06-008 filed by William R. Lutz with SignGraphix, Inc. for Citizens Bank at 49125 Grand River which is on the south side of Grand River east of Wixom Road and west of Beck Road. SignGraphix, Inc. is requesting two (2) sign variances to erect a wall sign and ground sign to be located at 49125 Grand River. 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 one (1) wall sign measuring 19’2" x 22" with a total area of 35.14 sq. ft. 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 one (1) ground sign measuring 96 ¼" x 38" with a total area of 25.39 sq. ft. MOTION: IN CASE NO. 06-008 APPROVE THE VARIANCES REQUESTED BASED ON THE DISCUSSION TAKEN PLACE AT THIS TABLE AND THE TESTIMONY GIVEN BY THE PETITIONER THIS EVENING INDICATING THAT THESE SIGNS ARE FOR IDENTIFICATION PURPOSES. 11. Case No. 06-009 filed by Gordon Wilson for property at 1322 East Lake Drive which located east of Old Novi Road and north of Thirteen Mile Road. Mr. Gordon Wilson is requesting three (3) setback variances for the construction of a deck in the rear yard at 1322 East Lake Drive. Applicant is requesting a three (3) foot rear yard setback variance, a north side yard setback variance of 7.7 feet and a south side yard setback variance of 9.25 feet. Property is zoned R-4 and located east of Old Novi Road and north of Thirteen Mile Road. NOTE: Applicant had received a variance for the construction of a new home on July 6, 2004, ZBA Case # 04-026. NOVI CODE OF ORDINANCES; SECTION 2907, "PORCHES; DECKS", states that an open, unenclosed and uncovered deck may project into the required rear yard for a distance not exceeding eighteen (18) feet. REQUIRED REAR YARD SETBACK 35 FEET ALLOWABLE REAR YARD DECK PROJECTION 18 FEET REQUIRED ADJUSTED REAR YARD SETBACK 17 FEET PROPOSED REAR YARD SETBACK 14 FEET VARIANCE REQUESTED 3 FEET NOVI CODE OF ORDINCANCES: ARTICLE 24; SECTION 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with and aggregate total of both side yards of twenty-five (25) feet. REQUIRED MINIMUM SIDE YARD SETBACK (NORTH) 10 FEET PROPOSED MINIMUM SIDE YARD SETBACK 2.3 FEET VARIANCE REQUESTED 7.7 FEET REQUIRED AGGREGATE SET BACK (BOTH SIDES) 25 FEET MINIMUM SIDE YARD SETBACK REQUIRED 10 FEET REQUIRED SIDE YARD SETABCK (SOUTH) 15 FEET PROPOSED SIDE YARD SETBACK 5.75 FEET VARIANCE REQUESTED 9.25 FEET MOTION: IN CASE NO. 06-009 APPROVE THE REQUESTED VARIANCES WITH THE CHANGE OF THE PROPOSED REAR YARD SETBACK FROM FOURTEEN (14) FEET TO TWELVE FEET EIGHT INCHES (12’ 8"). ALSO, DUE TO THE FACT THAT IT DOES NOT INFRINGE UPON THE PROPERTIES ON EITHER SIDE AND AS A MATTER OF RECORD HAVE RECEIVED LETTERS OF APPROVAL FROM THE PROPERTY OWNERS ON EITHER SIDE OF THE HOUSE AND DUE TO SHAPE AND CONFIGURATION OF THE LOT. 12. Case No. 06-010 filed by Brian Lewis of Certified Management for 41200 Bridge Street which is located between Eleven Mile and 12 Mile Road. Mr. Brian Lewis of Certified Management is requesting one sign variance for an oversized real estate sign to be located at 41200 Bridge Street. CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(3) states: "…not less than one-half the distance between the principal building and adjacent street and not higher than five (5) feet. One (1) sign…" The Applicant is requesting permission to erect one (1) real estate sign. Area Requested: 36 square feet Permitted: 6 square feet Variance needed: 30 square feet Height Requested: 8 feet Permitted: 5 feet Height variance needed: 3 feet MOTION: IN CASE NO. 06-010 APPROVE THE REQUEST FOR ONE REAL ESTATE SIGN BASED ON THE TESTIMONY GIVEN THIS EVENING FOR ONE (1) YEAR OR UNTIL PROPERTY IS SOLD. 13. Case No. 06-011 filed by Brian Lewis of Certified Management for 25795 Meadowbrook Road which is located between Grand River and Eleven Mile Road. Mr. Brian Lewis of Certified Management is requesting one sign variance for an oversized real estate sign to be located at 25795 Meadowbrook Road. CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(3) states: "…not less than one-half the distance between the principal building and adjacent street and not higher than five (5) feet. One (1) sign…" The Applicant is requesting permission to erect one (1) real estate sign. Area Requested: 36 square feet Permitted: 6 square feet Variance needed: 30 square feet Height Requested: 8 feet Permitted: 5 feet Height variance needed: 3 feet MOTION: IN CASE NO. 06-011APPROVE THE REQUEST FOR ONE SIGN VARIANCE FOR A PERIOD OF ONE (1) YEAR OR UNTIL SOLD. 14. Case No. 06-112 filed by Roger Soulliere for Stone City, Inc.at 26940 Taft Road which is located north of Grand River and east of Taft Road. Mr. Roger Soulliere is requesting a variance to continue the use of outdoor storage in an I-1 zoning district for the business known as Stone City Incorporated located at 26940 Taft Road. Applicant is requesting a three-year variance similar to previous ZBA Case # 04-003. Property is located north of Grand River and east of Taft Road. CITY OF NOVI, CODE OF ORDINANCES: Section 1905, Paragraph 1a states that all uses within the I-1 District shall be conducted wholly within a completely enclosed building. Applicant is requesting the continued use of outdoor storage for the operation of his business. MOTION: IN CASE NO. 06-012 APPROVE APPLICANT’S REQUEST FOR AN EXTENSION OF THREE YEARS BASED ON THE FACT THAT THE PETITIONER HAS NOT HAD ANY PREVIOUS PROBLEMS OR VIOLATIONS, THIS IS NOT A PERMANENT REQUEST BY PETITIONER AND THAT PETITIONER HAS BEEN A LONG TIME BUSINESS OWNER IN NOVI. Meeting adjourned at 11:00 p.m.
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