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View Minutes for this meeting REGULAR MEETING – ZONING BOARD OF
APPEALS Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd. Roll call Members Bauer, Canup, Fischer, Gatt, Krieger, Sanghvi and ShroyerPledge of Allegiance Rules of Conduct:
Approval of Agenda Approval of Minutes December 5, 2006 1. Case No. 07-001 filed by Etkin Equities for Hilton Garden Inn located at 27355 Cabaret Drive Etkin Equities is requesting one variance for the construction of a four-story, 147 room hotel (Hilton Garden Inn) on unit four of the Timber Creek Office Park sidwell #5022-22-15-126-022. Applicant is requesting a twenty-foot side yard parking lot setback variance from the northern property line. The property is zoned OST and located south of 12 Mile Road and west of Cabaret Drive. CITY OF NOVI, CODE OF ORDINANCES, ARTICLE 2400 Schedule of Regulations requires a minimum 20-foot side yard parking lot setback in an OST zoned district. PROPOSED SIDE YARD PARKING SETBACK (NORTH) 0 FEET Applicant is requesting a 20-foot north side yard parking lot setback variance.
2. Case No. 07-002 filed by Autumn Park LLC for Autumn Park III located on the SE corner of White Planes Drive and Beck Road Autumn Park LLC is requesting one (1) sign variance to allow a temporary Subdivision Business Sign to remain on the southeast corner of Beck Road and White Pines Drive for Autumn Park III. The property is zoned R-1 and is located north of Nine Mile Road and east of Beck Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (2) states: "Subdivision (or site condominium) business sign which advertises residential or commercial or industrial subdivision under development and the name of developer, architects, builders, lenders, or sales brokers…are valid until 80% of the lots in the subdivision (or in the case of a phased development, in the final phase of the subdivision) are issued certificates of occupancy." Applicant is requesting an extension for the Subdivision Business Sign to remain on the property.
3. Case No. 07-003 filed by Rick Scavo of 14 Mile Associates LLC located at 39525 W. 14 Mile Road Rick Scavo of 14 Mile Associates is requesting one (1) sign variance to allow the date, time, temperature and a message to alternately display on an existing business sign located at 39525 W 14 Mile Road. The property is zoned OST and is located on the south side of 14 Mile Road and ¼ mile west of Haggerty Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 (b)(4) Prohibited Signs states: "The following signs shall not be permitted, erected, or maintained in any district, anything in this chapter to the contrary notwithstanding": (4) animated signs as defined in Section 28-1 animated sign "means a sign, other than a changeable copy sign, whereby the sign itself or the information conveyed incorporates or involves action, motion…scrolling messages…" Applicant is requesting to allow date, time, temperature and message to alternately display on an existing sign.
4. Case No. 07-004 filed by Mike Fellows for Mozart Homes LLC located at 51395 W. Ten Mile Road Michael Fellows of Mozart Homes LLC is requesting one (1) sign variance to allow a motor vehicle with advertising to be parked at 51395 W. Ten Mile Road. The property is zoned RA and is located on the south side of 10 Mile Road and east of Napier Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 (b)(11) Prohibited Signs states: “The following signs shall not be permitted, erected, or maintained in any district, anything in this chapter to the contrary notwithstanding”: (11)“Unlawful Motor Vehicle Signs. It shall be unlawful to park, place or store a vehicle or trailer on which there is a motor vehicle sign on private or public property for the purpose of advertising a business or products or for the purpose of directing people to a business or business activity.” Applicant is requesting to allow a motor vehicle with advertising to be parked on private property.
5. Case No. 07-005 filed by Gary F. Gebhardt of Apex Sign Company for Dollar Tree located at 45065 Pontiac Trail in the Novi Square Shopping Center Gary F. Gebhardt of Apex Sign Company is requesting one 47 square foot sign variance for a 112 square foot wall sign and one sign variance to allow an additional 25 square foot logo wall sign to be located at 45065 Pontiac Trail in the Novi Square Shopping Center. The property is zoned B-3 and is located on the south side of Pontiac Trail and east of Westgate Blvd. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b (1) (a) (i) a; Multiple Businesses states: "A business having a first floor pedestrian entrance shall be allowed one and one fourth square feet of signage per linear foot of contiguous public or private street frontage up to a maximum of sixty-five square feet". CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) F; Number of On-Premises Advertising Signs permitted states: "Where two or more separately owned and operated businesses occupy a building on a single parcel of land, each having a separate exterior entrance, each business is entitled to a single identification wall sign…" Applicant is requesting one 47 square foot wall sign variance and one 25 square foot additional wall sign variance.
6. Case No. 07-006 filed by John W. Carpenter for 1328 East Lake Drive John W. Carpenter is requesting nine setback variances for the construction of a new home and unenclosed wood deck at 1328 East Lake Drive. Applicant is requesting an east front yard setback variance of 19 feet, a west rear yard setback variance of 12.1 feet, a north side yard setback variance of 6.25 feet, a south side yard setback variance of 11 feet, with an aggregate total of two side yards of 17.25 feet and a total lot coverage variance of 10%. Additionally applicant is requesting a northwest side yard setback variance of 2 foot 4 inches and a 6 foot 6 inch southwest side yard setback variance for the construction of an unenclosed wood deck. Property is zoned R-4 and is located east of Old Novi Road and north of Thirteen Mile Road. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24 Section 2400 Schedule of Regulations requires a front yard setback of thirty (30) feet, a rear yard setback of thirty-five (35) feet, 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 thirty-five (35) percent. REQUIRED FRONT YARD SETBACK (EAST) 30 FEET REQUIRED REAR YARD SETBACK (WEST) 35 FEET MINIMUM REQUIRED SIDE YARD SETBACK (NORTH) 10 FEET REQUIRED SIDE YARD SETBACK (SOUTH) 15 FEET REQUIRED SIDE YARD SETBACK (BOTH SIDES) 25 FEET PROPOSED LOT COVERAGE 35% Applicant is requesting six setback variances to build a new home. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 29 Section 2907 Porches; Decks states: "An open, unenclosed and uncovered wooden deck may project into a required rear yard setback for a distance not exceeding eighteen (18) feet…" ALLOWABLE PROJECTION (REAR YARD) 18 FEET CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 29 Section 2908 Projections into yards states: "Architectural features, eaves, cornices, and roof overlaps, but including vertical projections, may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard ALLOWABLE PROJECTION (NORTHWEST SIDE YARD) 1 FOOT 8
INCHES ALLOWABLE PROJECTION (SOUTHWEST SIDE YARD) 2 FOOT 6
INCHES Applicant is requesting three variances to the allowable projection into the rear and side yard setbacks for the construction of an unenclosed wood deck.
7. Case No. 07-007 filed by Harry Chawney of Villagewood Properties LLC for Villagewood Place located on Kartar Lane west of Haggerty Road between Nine and Ten Mile Roads Harry Chawney of Villagewood Properties LLC is requesting one sign variance for the continued placement of a fifteen square foot, six foot high real estate marketing sign for Villagewood Place located on Kartar Lane west of Haggerty Road between Nine and Ten Mile Roads and zoned RM-1. Sign variance originally approved in ZBA04-092 for one year and extended for one year in ZBA05-107. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the residential property (other than multiple family apartment complexes) upon which the sign is located are limited to 6 square feet in area and 5 feet in height." Applicant is requesting the renewal of a real estate marketing sign 15 square feet in area and 9 feet in height.
8. Case No.07-008 filed by John Dionne of Beacon Sign Company for Novi Big Boy located at 26401 Novi Road John Dionne of Beacon Sign Company is requesting two sign variances for the placement of a 25 square foot ground sign supported by a pole measuring 15 feet in height for the Novi Big Boy Restaurant located at 26401 Novi Road north of Grand River and south of I-96 and zoned TC-1. CITY OF NOVI, CODE OF ORDINANCES Section 28-1 (10) Ground Sign sates "A sign not attached to any building, supported by a monument placed in the ground surface such that the entire bottom of the sign is affixed to the ground and not supported by poles, columns or uprights". Applicant is requesting a variance to allow a ground sign supported by a pole. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) a 2ii Area height and placement regulation for ground signs states: All other ground signs shall not exceed a height of six (6) feet". Applicant is requesting a variance to allow a 15-foot ground pole sign. OTHER MATTERS 1. Elections 2. By-Law Updates
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