| View Agenda for this meeting View Minutes for this meeting REGULAR MEETING – ZONING BOARD OF APPEALS Roll call Members Bauer, Canup, Fischer, Gatt, Krieger, Sanghvi and ShroyerMember Canup absent Pledge of Allegiance Rules of Conduct:
Approval of Agenda Approval of Minutes – November 14, 2006 Public Remarks 1. Case No.06-091 filed by Brad Wilson of Callison Architecture for 27640 Novi Road Nordstrom located at Twelve Oaks Mall – Tabled from 12-05-2006 Brad Wilson of Callison Architecture, Inc. is re-requesting three (3) wall sign variances to erect three (3) illuminated exterior wall signs at 27640 Novi Road for the new Nordstrom Store at Twelve Oaks Mall. The property is zoned RC and located north of I-96 and east of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) states: "No building or parcel of land shall be allowed more than one (1) sign. Applicant is re-requesting a variance to the number of wall signs permitted. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2) b.1.a. (ii) b states: "A wall sign displayed on a building occupied by one (1) business… shall not exceed sixty-five (65) square feet." Applicant is resubmitting for three (3) illuminated wall signs. IN CASE NO. 06-091TO APPROVE ALL VARIANCES TO PERMIT THREE EXTERIOR ILLUMINATED WALL SIGNS NOT TO EXCEED 195 SQUARE FEET PER SIGN PROVIDED ILLUMINATION HOURS OF OPERATION ARE CONSISTENT WITH OTHER ANCHOR STORES AT THE MALL. THESE VARIANCES ARE MAINTAINING CONSISTENT NUMBERS AND SIZES WITH THE SIGNAGE OF THE PRE-EXISTING ANCHOR STORES AT THE MALL AND WILL PROVIDE DIRECTIONAL ASSISTANCE FOR CUSTOMERS LOOKING FOR THE NORDSTROM ENTRANCES.
2. Case No. 06-095 filed by Triangle Main Street LLC for Novi Main Street located east of Novi Road Triangle Main Street is requesting two variances for the construction of a four-story retail/medical building in the Novi Main Street corridor sidwell #’s 5022-23-176-026, 5022-23-151-035 and 5022-23-151-013. Applicant is requesting a 10-foot off street parking setback variance and a 1,795 square foot loading space requirement variance. Property is zoned TC-1 and located on the northeast corner of Novi Road and Main Street. NOVI CODE OF ORDINANCES: Section 1602 (5) "Parking Setbacks" states: "Off-street parking areas shall be set back a minimum of twenty (20) feet from the right of way line of any street or roadway". Applicant is requesting a 10-foot off-street parking variance. NOVI CODE OF ORDINANCES: Section 2507, Paragraph 2 "Off Street Loading and Unloading" states: "Within a TC-1 district loading and unloading space shall be provided in the rear yard at a ratio of ten (10) square feet for each front foot of building". BUILDING FRONTAGE 232 FEET REQUIRED LOADING SPACE 2320 SQ FEET PROPOSED LOADING SPACE 525 SQ FEET VARIANCE REQUEST 1795 SQUARE FEET Applicant is requesting a 1795-foot off street loading and unloading variance. IN CASE NO. 06-095 TO APPROVE THE TEN FOOT OFF STREET PARKING AND 1795 FOOT OFF STREET LOADING AND UNLOADING VARIANCE REQUESTS GIVEN THE FACT THAT THE PETITIONER HAS ESTABLISHED THE ELEMENTS OF PRACTICAL DIFFICULTY AND THAT THIS REQUEST IS NOT BASED ON CIRCUMSTANCES GENERALLY IN THE AREA BUT UNIQUE TO THE PROPERTY. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OR STRUCTURE OR INTERFERE WITH ADJACENT OR SURROUNDING PROPERTIES. THE PRELIMINARY SITE PLAN REVIEW LETTER FROM AUGUST 8, 2006 IS IN SUPPORT OF THE REQUESTS. PETITIONER HAS ESTABLISHED THAT THERE WILL BE LIMITED RETAIL WHICH TIES INTO THE FACT OF THE LOWER PROPOSED LOADING REQUEST. IT IS NOTED THAT NOVI ROAD IS ALREADY EXPANDED TO FIVE LANES. THESE VARIANCES ARE CONSISTENT WITH THE SITE PLAN OF THE DEVELOPMENT AND WITH THE MASTER PLAN OF THE CITY OF NOVI. THE PETITIONER NEEDS TO ADDRESS THE CONCERNS REGARDING DRAINAGE ENTERED INTO THE RECORD BY THE OWNERS OF NOVI AUTO PARTS, DAN’S AUTO REPAIR AND TOMMY’S TIRE. LASTLY THE PETITIONER WILL BE GRANTED AN EXTENSION UNTIL JULY 31, 2008 TO APPLY FOR APPLICABLE PERMITS REQUIRED.
3. Case No. 06-096 filed by Phil Venables of Accent Signs for Ellison Technologies located at 29050 Cabot Phil Venables of Accent signs, Inc is requesting one (1) 24.98 square foot wall sign variance to erect an additional wall sign specifically for Ellison Technologies at 29050 Cabot Drive (Mori Seiki Building). The property is zoned OST and is located south of Thirteen Mile Road and east of M-5. Applicant is requesting an additional 24.98 square foot wall sign to be located on the Mori Seiki Building. NOVI CODE OF ORDINANCES: 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…" IN CASE NO. 06-096 TO APPROVE THE REQUEST FOR A VARIANCE TO ALLOW AN ADDITIONAL 24.98 SQUARE FOOT MAXIMUM WALL SIGN DUE TO THE FACT THAT: A) THE SIGN MEETS THE CUMULATIVE SIZE OF SIGNS FOR A BUILDING IN THE ZONE THAT HAS MULTIPLE ENTRANCES; IN OTHER WORDS, A 65-FOOT COMBINATION OF THE TWO SIGNS. B) THE BUILDING IS SHARED EQUALLY BY TWO SEPARATE COMPANIES THAT NEED TO BE IDENTIFIED. IF TENANTS CHANGE AND THERE IS A DIFFERENCE IN PERCENTAGE, THE TENANT NEEDS TO COME BACK TO THE BOARD FOR REVIEW. THE PETITIONER HAS MET THE STANDARD FOR PRACTICAL DIFFICULTY: FAILURE TO GRANT RELIEF WOULD UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN A MERE INCONVENIENCE OR AN ABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OR STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES. SUBSTANTIAL JUSTICE IS DONE BOTH TO THE APPLICANT AND THE ADJACENT OR SURROUNDING PROPERTIES. THE GRANTING OF RELIEF IS NOT INCONSISTENT WITH THE INTENT OR THE SPIRIT OF THE ZONING ORDINANCE. THIS APPROVAL IS CONDITIONAL UPON WRITTEN APPROVAL BEING OBTAINED FROM THE OWNER AND SUBMITTED TO THE CITY OF NOVI. THIS APPROVAL IS FOR THIS TENANT ONLY.
4. Case No. 06-097 filed by Joe Bennett of ITC Holdings for ITC Transmission Corporate Headquarters Joe Bennett of ITC Holdings is requesting five (5) variances for the construction of two (2) office buildings and two (2) parking decks on ITC’s Quaker Substation property. {Sidwell #s 22-13-200-009, 22-13-200-033, & 22-13-276-001}. Applicant is requesting a one hundred eleven (111) foot east yard building setback variance, a variance to allow an accessory structure (Guard House) to be placed in the front yard, a variance to allow a refuse bin (Dumpster, Trash Receptacle) to be located in a side yard and two (2) variance requests for road design standards: to allow parking along a major drive and to allow the centerline radii of the drive to be less than one hundred feet. Property is 83.63 acres, zoned OST, Planned Office Service Technology and located south of Twelve Mile Road and west of Haggerty Road. ITC’s Quaker substation is to remain along with overhead electric transmission lines and associated DTE Building. NOVI CODE OF ORDINANCES; Section 2400 PART II (u) (3)(a) states: "All building setbacks shall be increased by two (2) feet for every one (1) foot of building height in excess of forty-six (46) feet, unless the building is within a planned development approved as part of a single development plan, in which case setbacks shall be increased by one (1) foot for every one (1) foot of such additional building height. REQUIRED EAST YARD SETBACK 188 FEET NOVI CODE OF ORDINANCES; Section 2503, Paragraph 1B "Accessory Buildings" states that accessory buildings shall not be erected in any required front yard or in any required exterior side yard. Applicant is proposing to construct a "guard house" in the required front yard NOVI CODE OF ORDINANCES; Section 2503, Paragraph 2F (1) "Refuse Bin (Dumpster, Trash Receptacle)" states Except where otherwise permitted and regulated in this ordinance, refuse bins and their screening enclosures shall be located in the rear yard. Applicant is proposing to locate the dumpster within the side yard. NOVI CODE OF ORDINANCES; Section 2514.1B (iv) "Additional Road Design, Building Setback and Parking Setback Requirements…" States for major and minor private drives, the minimum centerline radius shall be one-hundred (100) feet" Proposed plan indicates that there are several locations where the radii are less than one hundred (100) feet. NOVI CODE OF ORDIANCES, Section 2514.1B (v)(d) "Additional Road Design, Building Setback and Parking Setback Requirements…." States, parking lots shall be setback a minimum of ten (10) feet from a major and minor drives and twenty (20) feet from any property line…." The proposed driveway on the east side of Building 1 is within twenty (20) feet of the property line. IN CASE NO. 06-097 TO APPROVE ALL FIVE VARIANCE REQUESTS FOR THE FOLLOWING REASONS: THE SETBACK VARIANCE REQUEST FOR 111-FOOT BUILDING SETBACK FROM THE EAST PROPERTY LINE HAS NO DETRIMENTAL EFFECT ON THE ADJACENT PROPERTY TO THE EAST. WHEREAS THE EXISTING BUILDING IS OF A RESPECTFUL DISTANCE WEST OF THE COMMON PROPERTY LINE. THE PARKING SETBACK VARIANCE REQUEST TO ALLOW PARKING LESS THAN 20 FEET FROM ANY PROPERTY LINE WILL NOT FUNDAMENTALLY ALTER THE FUNCTION OF THE DRIVE. THE VARIANCE REQUEST TO ALLOW FOR A MINIMUM CENTERLINE RADIUS OF LESS THAN 100 FEET WOULD NOT SIGNIFICANTLY ALTER THE UTILIZATION OF THE PROPOSED DRIVE. THE SIZE OF THE PROPOSED STRUCTURE COUPLED WITH THE DISTANCE FROM THE MAJOR THOROUGHFARES ALLOW IT TO NOT HAVE A DETRIMENTAL EFFECT ON THE ADJACENT PROPERTIES TO ALLOW THE VARIANCE REQUEST FOR THE CONSTRUCTION OF A GUARDHOUSE IN THE REQUIRED FRONT YARD. THE LOCATION OF THE PROPOSED DUMPSTER IS AT A DISTANCE FROM ADJACENT PROPERTY SO AS NOT TO PROPOSE A DETRIMENTAL EFFECT TO ALLOW THE VARIANCE REQUEST FOR THE LOCATION OF A DUMPSTER IN THE SIDE YARD. THE UNIQUENESS OF THE PROPERTY JUSTIFIES THE NEED TO ALLOW VARIANCES IN ORDER TO PRESERVE A SUBSTANTIAL AMOUNT OF REGULATED WETLANDS PRESENT. FAILING TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN A MERE INCONVENIENCE OR AN ABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OR STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES. SUBSTANTIAL JUSTICE WILL BE DONE BOTH TO THE APPLICANT AND ADJACENT OR SURROUNDING PROPERTIES. THIS IS CONSISTENT WITH THE INTENT OF SECTION 2514 AND THAT IN GENERAL THROUGHOUT THE SITE THE PRESERVATION OF WETLAND AND WOODLAND AREAS IS MET. 5. Case No. 06-098 filed by John S. Gelfusa of Home Works CGO, Inc. for 22649 Shadow Pine Way in the Heatherbrae Subdivision John S. Gelfusa of Home Works CGO, Inc is requesting one (1) maximum lot coverage variance for the construction of a 336 square foot home addition located at 22649 Shadow Pine Way in the Heatherbrae Subdivision. The property is zone R-4 and is located east of Meadowbrook and north of Nine Mile Roads. NOVI CODE OF ORDINANCES; ARTICLE 24; Section 2400, "Schedule of Regulations" allows for a maximum lot coverage of 25%. PROPOSED LOT COVERAGE 26.5% Applicant is requesting a 1.5% lot coverage variance. IN CASE NO. 06-098 TO GRANT THE PETITIONER’S REQUEST FOR A 1.5% LOT COVERAGE VARIANCE GIVEN THAT THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY THAT THE PROPOSED IMPROVEMENT WOULD NOT BE A DETRIMENT TO PUBLIC SAFETY WELFARE OR OTHER NEIGHBORS AND THAT IT IS WITHIN THE INTENT OF THE ORDINANCE. IT SHOULD BE NOTED THAT THE HOMEOWNER’S ASSOCIATION HAS PROVIDED APPROVAL.
6. Case No. 06_099 filed by Luciano Gonzalez of Planet Neon Signs for Miracle Software located at 45625 Grand River Avenue Luciano Gonzalez of Planet Neon Signs, Inc is requesting one (1) sign variance to erect a 30.75 square foot ground sign with a changeable copy message center for Miracle Software located at 45625 Grand River Avenue. The property is zoned I-1 and is located west of Taft Road and south of Grand River Avenue. Applicant is requesting a 30.75 square foot ground sign with a changeable copy message center. IN CASE NO. 06-099 TO GRANT THE VARIANCE REQUESTED FOR A 30.75 SQUARE FOOT GROUND SIGN WITH A CHANGEABLE COPY MESSAGE CENTER INCLUDED DUE TO THE FACT THAT THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY DUE TO THE UNIQUE PROPERTY AND THE UNIQUENESS OF THE SERVICES PROVIDED. THIS UNIQUE SIGN AND THE USE OF THIS SIGN MEET THE INTENT OF THE ORDINANCE. THE CHANGEABLE COPY IS TO BE LIMITED TO TRAINING ACTIVITIES ONLY AND LIMITED TO THIS PETITIONER ONLY.
OTHER MATTERS ZBA Training Dates – February 13th or the 27th – Per Member Fischer’s request Mr. Schultz offered the aforementioned two dates for ZBA Refresher Training. The Board Unanimously chose February 13, 2007. ZBA Meeting Time Discussion – Mr. Saven briefed the Board that the Planning Commission will begin meeting times for 2007 at 7:00 pm. He asked for discussion from the Board if they would like to follow suit. The matter was discussed and decided that 7:30 is a more agreeable meeting time for the majority of the Board members.
Meeting Adjourned at 10:05 pm
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