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REGULAR MEETING – ZONING BOARD OF APPEALS
CITY OF NOVI
Tuesday, September 11, 2007– 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

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

Pledge of Allegiance

Public Hearing Format and Rules of Conduct:

  1. Please turn off pagers and cell phones during the meeting.

  2. Applicant/Representative will be asked to come forth, state their name and address and be sworn in by the Secretary.

  3. Applicants/Representatives will be allowed five (5) minutes to address the Board and present their case. An extension of time may be granted at the discretion of the Chairperson.

  4. Anyone in the audience who wishes to address the Board regarding the current case will be asked by the Chairperson to raise their hands to be recognized.

  5. Once recognized, audience members addressing the Board will be sworn in and given three (3) minutes to speak as an individual or ten (10) minutes to speak if representing a group.

  6. Members of the audience will be allowed to address the Board once unless directly questioned by a Board member or the Chairperson.

  7. The Secretary will read the number of public hearing notices mailed pertaining to the current case. Objection and approval responses will be entered into the record at this time.

  8. The Chairperson will ask for input from the Community Development Department Liaison, the Ordinance Enforcement Officer, the Planning Department and the City Attorney.

  9. The Chairperson will turn the case over to the Board for discussion, clarification and entertain a motion when appropriate.

  10. Impromptu statements from the audience during discussion by the Board will be considered out-of-order.

  11. A roll call vote will be taken to approve or deny the motion on the table and the next case will be called.

Approval of Agenda

Approval of Minutes - July 10, 2007

Public Remarks

1. Case No. 07-047 filed by Joe M. Debrincat of 1339 East Lake Drive

Applicant is requesting three setback variances for the addition of an enclosed stairway, the projection of two bay windows and for the construction of a sunroom addition to the existing residence at 1339 East Lake Drive in the Shore Acres Subdivision. The property is zoned R-4 and located north of Thirteen Mile Road and west of Novi Road.

CITY OF NOVI CODE OF ORDINANCES ARTICLE 24 Section 2400, Schedule of Regulations requires a minimum interior side yard setback of ten (10) feet and a minimum exterior side yard setback of thirty (30) feet.

MINIMUM REQUIRED INTERIOR SIDE YARD SETBACK 10 FEET
MINIMUM PROPOSED INTERIOR SIDE YARD SETBACK 8 FEET
VARIANCE REQUESTED 2 FEET

MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK 30 FEET
MINIMUM PROPOSED EXTERIOR SIDE YARD SETBACK 10 FEET
VARIANCE REQUESTED 20 FEET

MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK 30 FEET
MINIMUM PROPOSED EXTERIOR SIDE YARD SETBACK 10 FEET
VARIANCE REQUESTED 20 FEET

Applicant is requesting three side yard setback variances for additions to an existing home.

 

2. Case No. 07-049 filed by William Short of Charisma Salon located at 43267 Crescent Boulevard

William Short of Charisma Salon is requesting one 24 square foot sign variance for the placement of a 16 foot x 1 foot 6 inch wall sign on the rear elevation of Charisma Salon located at 43267 Crescent Blvd. Property is zoned TC and located east of Novi Road and north of Grand River Avenue.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-5(3) f 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 an additional wall sign for the rear elevation of Charisma Salon.

 

3. Case No. 07-057 filed by Tony V’s Sunroom and Spas for 25671 Strath Haven Drive

Applicant is requesting one seven-foot rear yard setback variance for the reconstruction of an existing sunroom located at 25671 Strath Haven Drive in the Pioneer Meadows Subdivision. The property is zoned R-4 and located south of Eleven Mile Road and east of Beck Road.

CITY OF NOVI CODE OF ORDINANCES ARTICLE 24 Section 2400 Schedule of Regulations requires a minimum rear yard setback of thirty-five (35) feet.

REQUIRED REAR YARD SETBACK 35 FEET
PROPOSED REAR YARD SETBACK 28 FEET
VARIANCE REQUESTED 7 FEET

Applicant is requesting one setback variance for the reconstruction of an existing sunroom.

 

4. Case No. 07-058 filed by John Douglas of 23820 Lynwood

Applicant is requesting a variance to allow the continued location of an established residential hedge to remain at 23820 Lynwood in the Echo Valley Subdivision. The property is zoned R-1 and located south of Ten Mile Road and west of Beck Road.

CITY OF NOVI CODE OF ORDINANCES Section 2513 Corner Clearance states "No fence, wall, plant material, sign or other obstruction to vision above a height of two (2) feet from the established street grades shall be permitted within the clear view zone…"

Applicant is requesting a variance to the requirement of a two foot maximum height for plant material

 

5. Case No. 07-060 filed by Albert La Londe of Creative Designs & Signs, Inc. for 46325 Twelve Mile Road Keystone Medical

Applicant is requesting a 47.5 square foot area variance and 3 foot 9 inch height variance for the placement of a 77.5 square foot ground sign to be located at 46325 Twelve Mile Road for the Keystone Medical Center. Property is zoned OST and located south of Twelve Mile and east of West Park Drive.

CITY OF NOVI CODE OF ORDINANCES Sections 28-5 (2) a. 1. i. and 28-5 (2) a. 2. ii Area height and placement regulations states: "…ground signs shall not exceed a maximum thirty (30) square feet…ground signs shall not exceed a height of six (6) feet".

Applicant is requesting an area and height variance for a ground sign for Keystone Medical Center.

 

6. Case No. 07-061 filed by Keith Murray of Sign Graphix, Inc. for 47601 Grand River Avenue Providence Park Campus

Applicant is requesting five ground sign variances for the new Providence Park Campus located at 47601 Grand River Avenue. Applicant requests one 269 square foot illuminated ground sign to be located at the Beck Road Grand River intersection indicating the main entrance to the campus, one 119 square foot illuminated ground sign to be located along Grand River Avenue indicating an emergency entrance, one 119 square foot illuminated ground sign to be located at the Grand River entrance to the Providence Park Village Center, one 19.25 square foot ground sign to be located along Beck Road to indicate the staff entrance and one 119 square foot illuminated ground sign to be located along Beck Road indicating an emergency entrance. Property is zoned OSC and located on the west side of Beck Road and south of Grand River Avenue.

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (2) a. 1. i. and 28-5 (2) a. 2. ii Area height and placement regulations states: "…ground signs shall not exceed a maximum thirty (30) square feet… not exceed a height of six (6) feet".

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (3) Number of on-premises advertising signs permitted states; " No building or parcel of land shall be allowed more than one (1) sign."

CITY OF NOVI CODE OF ORDINANCES Section 28-7 (b) (2) states: Private parking lot and drive identification signs based upon the following standards: One (1) ground pole sign per entrance not to exceed three (3) square feet in area and six (6) feet in height may be located within the minimum setback area."

Sign #Requested Location Type Size Permitted Variance
1 Grand River/Beck Main (Area) 269 sq ft 30 sq ft 239 sq ft
    (Height) 25 feet 6 feet 19 feet
2 Grand River Emergency (Area) 119 sq ft 30 sq ft 89 sq ft
    (Height) 14 ft 10 in 6 ft 8 ft 10 in
3 Grand River Village Center (Area) 119 sq ft 30 sq ft 89 sq ft
    (Height) 14 ft 10 in 6 ft 8 ft 10 in
4 Beck Road Staff (Area) 19.25 sq ft 6 sq ft 13.25 sq ft
5 Beck Road ID (Area) 119 sq ft 30 sq ft 89 sq ft

Applicant is requesting five ground sign variances for the new Providence Park Campus.

 

7. Case No. 07-062 filed by Patrick Stieber of Allied signs for 43170 Grand River Avenue Pei Wei Asian Diner

Applicant is requesting two sign variances for Pei Wei Asian Diner to be located at 43170 Grand River Avenue. Applicant is requesting an additional wall sign for the south elevation measuring 21.93 square feet and an additional wall sign for the west elevation measuring 32.95 square feet. Property is zoned TC and located north of Grand River and east of Novi Road.

CITY OF NOVI CODE OF ORDINANCES Sections 28-5 (3) f. Number of on-premises advertising sings permitted states: "Where two (2) or more separately owned and operated business 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 if not otherwise entitled to a wall sign under this Chapter".

Applicant is requesting 2 additional wall signs for Pei Wei Asian Diner.

 

8. Case No. 07-063 filed by Anne Vinstra of Sign Graphix, Inc. for 25500Meadowbrook Road Meadowbrook Medical Center

Applicant is requesting three ground sign variances for a business sign measuring 7 feet in height and 75 square feet in area as well as one wall sign variance for a 30" x 144", 30 square foot wall sign to be located at 25500 Meadowbrook Road for the Meadowbrook Medical Center. Property is zoned OST and located south of Eleven Mile Road and east of Meadowbrook Road.

CITY OF NOVI CODE OF ORDINANCES Sections 28-5 (2) a. 1. i 2. ii Area height and placement regulations states: "Ground signs shall not exceed a maximum thirty (30) square feet or one (1) square foot for each two (2) feet of setback from the nearest street center line as required herein, whichever is greater, with a maximum area of one hundred (100) square feet…ground signs shall not exceed a height of six (6) feet."

CITY OF NOVI CODE OF ORDINANCES Section 28-1 (2) Definitions states: Business center sign means a sign that identifies…multi-tenant, multi-story office…building, and does that does not contain any additional information regarding individual… services located within the planned complex…"

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (3) Number of on-premises advertising signs permitted states: " No building or parcel of land shall be allowed more than one (1) sign."

Applicant is requesting two variances for a ground and additional wall sign for the Meadowbrook Medical Center.

9. Case No. 07-064 filed by B-B Sign & Lighting for 47350 Grand River Chase Bank

Applicant is requesting one area ground sign variance for a 50 square foot ground sign to be located at 47350 Grand River Avenue for Chase Bank. This business has approved wall signage for the south and west elevations of the building and will require an additional variance to the number of on premises advertising signs permitted. Property is zoned OST and located north of Grand River Avenue and east of Beck Road.

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (2) a. 1. Area height and placement regulations states: "…ground signs shall not exceed a maximum thirty (30) square feet…"

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (3) Number of on-premises advertising signs permitted states: "No building or parcel of land shall be allowed more than one (1) sign permitted"

Ø Applicant is requesting a variance to the number of signs allowed on premises as well as an area size variance for a ground sign for Chase Bank.

10. Case No. 07-065 filed by Amson Dembs for 46050 Twelve Mile Road Novi Corporate Campus

Applicant is requesting a Temporary Special Exception Permit renewal for the placement of a temporary sales trailer to be located at 46050 12 Mile Road for the Novi Corporate Campus project from September 11, 2007 through September 11, 2009. The property is zoned I 1 and located east of West Park Drive and north of Twelve Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 3004 (3), Temporary Special Exception 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 Special Exception Permit renewal for a sales trailer.

 

11. Case No. 07-066 filed by Jackson Olson for 23866 Woodham Road

Applicant is requesting three variances for the placement of a storage shed to be located in the rear yard at 23866 Woodham Road in the Echo Valley Subdivision. Homeowner is requesting one 4.16-foot setback variance from the side property line, one 3-foot setback variance from the rear property line and relief from the strict application of the accessory use requirement that no accessory building be located within an easement. Property is zoned R-1 and located west of Beck Road and south of Ten Mile Road.

CITY OF NOVI CODE OF ORDINANCES Section 2503.1 G states "a detached accessory building shall not be located closer than six (6) feet to any interior side lot or rear lot line".

REQUIRED SIDE YARD SETBACK 6 FEET
PROPOSED SIDE YARD SETBACK 1.83 FEET
VARIANCE REQUESTED 4.16 FEET

REQUIRED REAR YARD SETBACK 6 FEET
PROPOSED REAR YARD SETBACK 3 FEET
VARIANCE REQUESTED 3 FEET

Applicant is requesting two setback variances for the placement of a shed in the rear yard.

CITY OF NOVI CODE OF ORDINANCES Section 2503.1 H states," In no instance shall an accessory building be located within an easement or dedicated right-of-way".

Applicant is requesting a variance to allow the placement of an accessory building within an easement.

 

12. Case No. 07-067 filed by Jeff Deakin of Michigan Signs Inc. for 41840 W. Ten Mile Road Busch’s

Applicant is requesting one 181 square foot wall sign variance for a logo, nameplate and theme box sign for the new Busch’s Supermarket located at 41840 W. Ten Mile Road in the Novi Ten Shopping Center. Property is zoned B-3 and located north of Ten Mile and west of Meadowbrook Road.

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (2) b. (a) (i) a Area height and placement regulations states: "A business having a first floor pedestrian entrance shall be allowed one and one-fourth (1 ¼) square feet of signage per linear foot of contiguous public or private street frontage up to a maximum of sixty-five (65) square feet."

Applicant is requesting approval for the Busch’s logo, nameplate and theme box signage.

 

13. Case No. 07-068 filed by Patty Loose of Sign Fabricators for 43350 Grand River Avenue Potbelly Restaurant

Applicant is requesting seven wall sign variances for the new Potbelly restaurant to be located at 43350 Grand River in the Novi Town Center. Applicant requests two 98 square foot illuminated wall signs to be located on the north and south elevations of the building indicating the Potbelly logo, two band wall signs with copy measuring 7.3 square feet and displaying "sandwiches", copy measuring 2.7 square feet and displaying "soup" and copy measuring 6.5 square feet and displaying "smoothies" to be located on the north and south elevations of the building, one band wall sign with copy measuring 7.3 square feet and copy displaying "sandwiches", copy measuring 6.0 square feet and displaying "ice cream" to be located on the west elevation of the building, an additional band wall sign with copy measuring 2.7 square feet and copy displaying "soup" , copy measuring 4.2 square feet and displaying "shakes" to be located on the west elevation of the building as well as an additional 111 square foot Potbelly logo wall sign to be located on the west elevation of the building. Property is zoned TC and located north of Grand River east of Novi Road.

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (2) b. 1. (a) (i) a. Area height and placement states: "A business having a first floor pedestrian entrance shall be allowed one and one-fourth (1 1/4/) square feet of signage per linear foot of contiguous public or private street frontage up to a maximum of sixty-five (65) square feet."

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (3) Number of signs permitted states " No building or parcel of land shall be allowed more than one (1) sign."

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (3) f. Number of signs permitted states "Where two (2) 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."

Sign  Requested Location Type Size Permitted Variance
A North elevation Wall 98.75 sq ft 65 sq ft 33.75 sq ft
B South Elevation Wall 98.75 sq ft 65 sq ft 33.75 sq ft
C North elevation Wall Band  7.3/2.7/6.5 sq ft   Additional Signage
D South Elevation Wall Band 7.3/2.7/6.5 sq ft   Additional Signage
E West Elevation Wall Band  7.3/6.0 sq ft  

Additional Signage

F West Elevation Wall Band 2.7/4.2 Sq ft   Additional Signage
G West Elevation Wall 111 Sq ft 65 Sq ft 54 Sq ft

Applicant is requesting multiple wall signs for the new Potbelly restaurant at the Novi Town Center.

 

14. Case No. 07-059 filed by Scott Smith of Clark Hill for the Adell Brothers Trust

Applicant is requesting the consideration of a delayed administrative appeal of a determination by the Deputy Director of Community Development stating the use of the former Novi Expo Center as a trade center/market does not fall within the uses allowed in an EXPO district. Applicant is further requesting a use variance from the strict application of the provisions of Article 10 EXO Exposition Overlay District of the Novi Zoning Ordinance. Property is zoned EXPO and located west of Novi Road and south of I-96.

CITY OF NOVI ZONING BOARD OF APPEALS Rules of Procedure, Article IX Amendments and Appeals to the Board, Section 9.1, Appeals to the Board, states: "Any applicant shall have the right to an appeal to the board no later than thirty (30) days from the administrative action, which is the subject of the appeal. If the right to appeal expires, an Applicant may seek leave to bring a delayed appeal based upon clear and convincing demonstration of good cause for the delayed appeal. The Board shall vote upon whether or not to consider the delayed appeal prior to consideration of the merits of the petition.

CITY OF NOVI CODE OF ORDINANCES Section 3104 1. a., Administrative Review, states: "The Zoning Board of Appeals shall…hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Building official or any other administrative official in carrying out or enforcing provisions of this Ordinance."

CITY OF NOVI CODE OF ORDINANCES Section 3104 1. b. , Jurisdiction, states: "The Zoning Board of Appeals shall have the power to authorize, upon appeal a variance from the strict application of the provisions of this Ordinance where by …the strict application of the regulations enacted would result in peculiar or exceptional difficulties to or exceptional undue hardship upon the owner of such property provided such relief may be granted without substantially impairing the intent and purpose of the Ordinance."

Applicant is requesting consideration of a delayed appeal, an administrative appeal, or, alternatively, a use variance.

 

OTHER MATTERS

1. ZBA07-050 Andiamo

2. ZBA07-020 Lot 61 Pioneer Meadows

3. ZBA 07-040 Toll Brothers Island Lake

 

 

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