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ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS
CITY OF NOVI
Tuesday September 12, 2006, 2006 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call Members Bauer, Canup, Fischer, Gatt, Krieger, Sanghvi and Shroyer

Rules of Conduct:

  1. Please turn off pagers and cell phones during the meeting.
  2. Each person desiring to address the Board shall state his / her name and address.
  3. Individual persons shall be allowed five (5) minutes to address the Board, an extension of time may be granted at the discretion of the Chairperson.
  4. There shall be no questioning by the audience of the persons addressing the Board; however, the Board members may question that person with recognition of the Chairperson.
  5. No person shall be allowed to address the Board more than once unless the Chairperson grants permission.
  6. One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Approval of Agenda

Approval of Minutes – July 11, 2006 – Approved
                                  - August 1, 2006 - Approved

Public Remarks

1. Case No. 06-061 filed by Bart Wingblad for Angela Hospice Annual Fundraiser/Benefit sign located on the northeast corner of Grand River and Beck Road

Bart Wingblad is requesting a variance to erect a 280 square foot illuminated fundraiser/benefit sign with additional decorative characters and lattice work measuring an additional 64 square feet for a total sign measurement of 344 square feet on the northeast corner of Grand River and Beck Road from September 13, 2006 through October 13, 2006.

NOVI CODE OF ORDINANCES Section 28-11 (a) states: "A sign not expressly permitted is prohibited."

Applicant is requesting to erect an illuminated fundraiser/benefit sign on a vacant lot (Parcel #5022-16-176-016).

IN CASE NO. 06-61 TO GRANT THE REQUEST FOR A 344 SQUARE FOOT SIGN VARIANCE TO ERECT AN ILLUMINATED FUNDRAISER/BENEFIT SIGN WITH DECORATIVE CHARACTERS AND LATTICE WORK LOCATED ON THE NORTHEAST CORNER OF GRAND RIVER AND BECK ROADS FROM SEPTEMBER 13, 2006 THROUGH OCTOBER 13, 2006. THIS MOTION IS GRANTED DUE TO THE BRIEF PERIOD OF TIME THE SIGN WILL BE ERECTED AT THIS SITE.

 

2. Case No. 06-062 filed by the Synergy Group for DL Biotech located at 46430 Peary Court

Applicant is requesting two (2) variances for the construction of a twelve thousand (12,000) square foot office building located on Unit 26 in the Beck North Corporate Park, Phase I. Applicant is seeking a variance of .67 acres for the allowance of front yard parking and a variance to the requirement for submitting a noise analysis. Property is zoned I-1 and located north of West Road and west of West Park Drive.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" Paragraph h (1) states that no off street parking shall be allowed in a front yard of an I-1 District unless a parking area serves a development of at least two (2) acres in size.

YARD AREA REQUIRED FOR FRONT YARD PARKING 2 ACRES
YARD AREA PROPOSED FOR FRONT YARD PARKING 1.33 ACRES
VARIANCE REQUESTED .67 ACRES

Applicant is requesting a variance to allow front yard parking on a site less than two acres in size.

IN CASE NO. 06-62 TO APPROVE THE VARIANCE REQUEST OF .67 ACRES FOR THE ALLOWANCE OF FRONT YARD PARKING AND THE VARIANCE REQUEST TO THE REQUIREMENT FOR SUBMITTING A NOISE ANALYSIS DUE TO THE PRACTICAL DIFFICULTY OF THE DIMENSIONS OF THE LOT AND THE FACT THAT THE EQUIPMENT WILL BE COMPLETELY ENCLOSED IN THE BUILDING UNDER MAXIMUM OPERATING CONDITIONS AND THEREFORE WILL PRESENT NO BURDEN TO THE RESIDENTIAL COMMUNITY ADJACENT TO THE CORPORATE PARK.

 

3. Case No.06-063 filed by Richard Connor Riley & Associates for Metro PCS Michigan, Inc. located at 44170 Grand River Avenue

Applicant is requesting two (2) variances to install additional equipment at an existing communication tower located at 44170 Grand River Avenue. Applicant is requesting a variance to the requirement of a face brick exterior equipment shelter building on all four sides and a 5.5-foot rear yard variance for the structure. The property is located on the North side of Grand River between Taft and Novi Roads.

NOVI CODE OF ORDINANCES: Section 2508.1 (g) requires that equipment shelter buildings shall be constructed of face brick on all sides with a gable roof in addition to compliance with standards in Section 2520.

Applicant would like to install a metal equipment cabinet and exposed equipment that is not an approved material.

NOVI CODE OF ORDINANCES: Section 2503.2 (a) requires accessory structures to meet a six (6) foot setback from the rear property.

REQUIRED REAR YARD SETBACK 6 FEET
PROPOSED REAR YARD SETBACK .5 FEET
VARIANCE REQUESTED 5.5 FEET

Applicant is requesting two (2) variances for the installation of equipment at an existing communication tower.

IN CASE NO. 06-63 TO APPROVE THE VARIANCE TO THE REQUIREMENT OF A FACE BRICK EXTERIOR EQUIPMENT SHELTER BUILDING ON ALL FOUR SIDES AND THE VARIANCE FOR A 5.5 FOOT REAR YARD SETBACK. THIS MOTION IS BASED ON THE FACT THAT THE PROPOSED EQUIPMENT IS INTENDED FOR OUTDOOR USE AND THE LOCATION OF SUCH EQUIPMENT WILL NOT HAVE A NEGATIVE IMPACT ON THE SURROUNDING PROPERTIES.

 

4. Case No. 06-064 filed by William & Tracy Slobin of 26484 Mandalay Ct. in Asbury Park

Applicant is requesting a 6.5 ft. aggregate side yard setback variance for the required minimum aggregate of the two side yards for the property located at 26484 Mandalay Ct. Applicant is proposing to build a deck with screened in porch enclosure. Property is zoned R-1 and located north of Eleven Mile Road between Taft and Beck Road

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a minimum aggregate setback of two (2) side yards at forty (40) feet.

REQUIRED AGGREGATE OF BOTH SIDE YARDS 40 FEET
PROPOSED AGGREGATE OF BOTH SIDE YARDS 33.5 FEET
VARIANCE REQUEST 6.5 FEET

Applicant is requesting an aggregate side yard variance to build a deck with a screened in porch.

IN CASE NO. 06-64 TO APPROVE THE AGGREGATE SIDE YARD SETBACK VARIANCE OF 6.5 FEET FOR BOTH SIDE YARDS FOR THE CONSTRUCTION OF A SCREENED IN DECK BASED ON THE FACT THAT THE DECK WILL NOT NEGATIVELY IMPACT THE EASEMENT ADJACENT TO THE PROPERTY AND THE PROPERTY OWNER HAS OBTAINED WRITTEN APPROVAL FROM THE DEVELOPMENT COMPANY IN THE ABSENCE OF A HOMEOWNER’S ASSOCIATION.

 

5. Case No. 06-065 filed by Athir Y. Yousif of Beech-Beck Properties LLC for Lot 62 Pioneer Meadows Strath Haven Drive

Athir Y. Yousif of Beech-Beck Properties is requesting five (5) variances for the construction of a new home on Lot 62, Pioneer meadows Subdivision, Strath Haven Drive. Applicant is requesting a five (5) foot front yard setback variance, a ten (10) foot rear yard setback variance for the house with a nine foot seven inch (9’ 7") rear yard setback for the bay window, a five (5) foot minimum side yard setback variance and a seven (7) foot aggregate setback variance for the aggregate of both side yards. Property is zoned R-A and located east of Beck Road and south of Eleven Mile Road.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a forty-five (45) foot front yard setback, a fifty (50) foot rear yard setback, a minimum side yard setback of twenty (20) feet and an aggregate side yard setback of fifty (50) feet of two side yards.

REQUIRED FRONT YARD SETBACK 45 FEET
PROPOSED FRONT YARD SETBACK 40 FEET
VARIANCE REQUESTED 5 FEET

REQUIRED REAR YARD SETBACK 50 FEET
PROPOSED REAR YARD SETBACK 40 FEET
VARIANCE REQUESTED 10 FEET

REQUIRED MINIMUM SIDE YARD SETBACK 20 FEET
PROPOSED MINIMUM SIDE YARD SETBACK 15 FEET
VARIANCE REQUESTED 5 FEET

REQUIRED AGGREGATE SETBACK TWO SIDE YARDS 50 FEET
PROPOSED AGGREGATE SETBACK TWO SIDE YARDS 43 FEET
VARIANCE REQUESTED 7 FEET

NOVI CODE OF ORDINANCES: Section 2908 "Projections into Yards" states that bay windows, chimneys, cantilevered floors and other vertical projections of up to ten (10) feet in length and not occupying more than thirty (30) percent of the length of the wall on which they are located…may project into the required rear yard not more than three (3) feet.

REQUIRED REAR YARD SETBACK 47 FEET
PROPOSED REAR YARD SETBACK 37 FEET 5 INCHES
VARIANCE REQUESTED 9 FEET 7 INCHES

Applicant is requesting front, rear, side and aggregate yard setbacks to build a new home.

IN CASE NO. 06-65 TO APPROVE THE FIVE (5) FOOT FRONT YARD SETBACK VARIANCE, THE TEN (10) FOOT AND 9.7-FOOT REAR YARD SETBACK VARIANCES, THE FIVE (5) FOOT MINIMUM SIDE YARD SETBACK VARIANCE AND THE SEVEN (7) FOOT AGGREGATE TWO SIDE YARD SETBACK VARIANCE REQUESTS DUE TO THE R-A ZONING OF THE LOT AND THE PETITIONER OBTAINING APPROVAL FROM THE HOMEOWNER’S ASSOCIATION.

 

6. Case No.06-066 filed by Milton D. Jennings of Barton Malow-White Joint Venture for Providence Hospital located at 47601 Grand River Avenue

Applicant is requesting one (1) sign variance to erect an additional construction identification sign located at 47601 Grand River. The property is zoned OSC and is located on the south west corner of Grand River and Beck Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (1) states: Only one (1) Construction identification sign which identifies the name of the project developers, contractors, engineers and architects on a site being developed will be permitted.

Applicant is requesting an additional construction identification sign for Providence Hospital.

At the September 12, 2006 regular meeting of the Zoning Board of Appeals your case was tabled to the October 3, 2006 ZBA meeting. The cutoff date to submit any new information is September 22, 2006.

 

7. Case No. 06-067 filed by Tony Nofar of Novi Fine Wine located at43340 West 10 Mile Road

Applicant is requesting two (2) wall sign variances located at 43340 W. Ten Mile Road.

Variance One Includes:

Sign (a) 11.66 square feet: "CIGARS"
Sign (b) 16 square feet: "PIZZA MARVELOUS"
Sign (c) 11.85 square feet: "LIQUOR"
Sign (d) 17 square feet: "NOVI FINE WINE"
Sign (e) 9.975 square feet: "LOTTO"

Variance Two Includes:

Twelve (12) 2.67 square foot limestone wall signs {(7) located on south side and (5) located on east side of building}

And

One (1) additional 22 square foot grapevine arch sign located above the main entrance on the south side of the building.

The property is zoned B-3 and is located on the north east side of Ten Mile and Novi Roads.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) (2) (e) states: no building or parcel of land shall be allowed more than one (1) sign permitted.

Applicant is requesting two (2) variances to erect multiple wall signs.

IN CASE NO. 06-67 TO DENY THE PETITIONER’S SIGN VARIANCE REQUESTS FOR:

(a) 11.66 SQUARE FEET: "CIGARS’
(b) 16 SQUARE FEET: "PIZZA MARVELOUS"
(c) 11.85 SQUARE FEET: " LIQUOR’
(d) 17 SQUARE FEET: " NOVI FINE WINE"
(e) 9.975 SQUARE FEET: "LOTTO"

AND TO DENY PETITIONER’S VARIANCE REQUEST FOR:

TWELVE (12) 2.67 SQUARE FOOT LIMESTONE WALL SIGNS {(7) LOCATED ON SOUTH SIDE AND (5) LOCATED ON EAST SIDE OF BUILDING} BASED ON THE FACT THAT THE EXISTING MONUMENT SIGN IS SUFFICIENT IDENTIFICATION FOR THIS BUSINESS AND THE DENIAL OF THE REQUESTED SIGNS DOES NOT CONSTITUE A BURDEN ON THE PROPERTY OWNER IN TERMS OF IDENTIFICATION.

TO APPROVE THE PETITIONER’S SIGN VARIANCE REQUEST FOR ONE (1) ADDTITIONAL 22 SQUARE FOOT GRAPEVINE ARCH SIGN LOCATED ABOVE THE MAIN ENTRANCE OF THE BUILDING.

 

8. Case No. 06-068 filed by Planet Neon for voestalpine/Polynorm located at 44700 Grand River

Applicant is requesting one (1) sign variance to erect a 21.2 square foot wall sign located at 44700 Grand River. The property is zoned I-2 and located north of Grand River between Taft and Novi Roads.

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.

Applicant is requesting an additional wall sign for identification.

IN CASE NO. 06-68 TO DENY THE PETITIONER’S VARIANCE REQUEST FOR A 21.2-FOOT ADDITIONAL WALL SIGN DUE TO THE FACT THAT THE BUSINESS HAS SUFFICIENT IDENTIFICATION WITH THEIR APPROVED WALL SIGN.

 

9. Case No. 06-069 filed by Michael Yamada of Colliers International for 26800 Meadowbrook Road

Applicant is requesting a renewal of one (1) sign variance for a 60 square foot real estate leasing sign located at 26800 Meadowbrook Road. The property is zoned OST and located on the southeast corner of Twelve Mile and Meadowbrook Roads.

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.

Applicant is requesting a renewal of the Colliers International corporate leasing sign for Meadowbrook Corporate Park.

IN CASE NO. 06-68 TO GRANT THE VARIANCE REQUEST FOR A 60 SQUARE FOOT REAL ESTATE LEASING SIGN RENEWAL FOR ONE (1) YEAR DUE TO THE PRACTICAL DIFFICULTY OF LEASING OUT OFFICE SPACE IN A OST DISTRICT.

 

10. Case No. 06-071 filed by Howard Campbell of Home Depot located at 47950 Grand River in the West Market Square

Howard Campbell of the Home Depot is requesting a Temporary Use Permit to allow a rug event tent sale in the parking lot of the Home Depot store located at 47950 Grand River (Westmarket Square development) from September 15, 2006 through October 2, 2006. The property is zoned B-2 and located west of Beck Road and north of Grand River.

CITY OF NOVI, CODE OF ORDINANCES, Section 3004, "Temporary Use Permits" states:

"The Building Official or his designee, shall have the power to grant permits authorizing temporary special land uses for …tent sales… where permitted."

Applicant is requesting a Temporary Use Permit for a rug event parking lot tent sale.

IN CASE NO. 06-071 TO APPROVE A TEMPORARY USE PERMIT FOR A RUG EVENT PARKING LOT TENT SALE FROM SEPTEMBER 15, 2006 THROUGH OCTOBER 2, 2006. THIS MOTION IS BASED ON RECEIVING AN APPROVAL LETTER FROM THE PROPERTY LANDLORD AND PROVIDING NFPA 701-FLAME CERTIFICATION FOR THE TENT TO BE USED IN A 40 X 60 FOOT AREA AND THAT THE AREA IS APPROPRIATELY ROPED OFF FOR SAFETY REASONS.

 

11. Case No. 06-072 41730 Crane Way filed by Singh Homes Building Com. LLC for 41730 Crane Way Lot 84 Tollgate Woods Subdivision No. 2

Singh Homes Building Company LLC is requesting a renewal of a Temporary Use Permit for the placement of a temporary construction trailer on Lot 84 of Tollgate Woods located west of Meadowbrook Road and north of Twelve Mile Road at 41730 Crane Way from September 13, 2006 through September 13, 2008.

CITY OF NOVI, CODE OF ORDINANCES, Section 3004 (3), "Temporary Use Permits" states: "The Building Official, or his designee, shall have the power to grant permits authorizing temporary special land uses for…temporary buildings…not to exceed two (2) years in undeveloped sections of the City.

Applicant is requesting a Temporary Use Permit for a construction trailer.

 

At the September 12, 2006 regular meeting of the Zoning Board of Appeals your case was tabled to the October 3, 2006 ZBA meeting. The cutoff date to submit any new information is September 22, 2006.