Also Present: Beth Kudla, City Attorney: Alan Amolsch, Ordinance Officer; Chris Fox, Community Development Department; Robin Working, ZBA Recording Secretary

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

REQUIRED REAR YARD SETBACK                  35       FEET
PROPOSED REAR YARD SETBACK                30.43   FEET
VARIANCE REQUESTED                                   4.57   FEET

IN CASE NO.07-078 APPROVE PETITIONER’S REQUEST AS SUBMITTED, AS PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY AND THE FACT THAT SUBSTANTIAL JUSTICE HAS BEEN DONE TO THEMSELVES AS WELL AS TO OTHER HOMEOWNERS AND IS NO MORE OBTRUSIVE THAN THE CURRENT STRUCTURE. THE STRUCTURE AND MATERIAL SHOULD BE OF SIMILAR MATERIAL TO MATCH THE HOME.

Motion Carried: 7-0
Motion Maker: Fischer

Applicant is requesting two variances for the construction of an accessory building to be located in the City of Novi Community Sports Park. The applicant is requesting one variance for the construction of a fourth accessory building and one variance from the strict application of the accessory use requirement in a residential district which states the aggregate of all accessory buildings on the property shall not exceed 1500 square feet in an R-A District. The property is zoned R-A, and is located east of Napier Road and north of Eight Mile Road.

CITY OF NOVI CODE OF ORDINANCES Section 2503.1 J states "Not more than (2) two detached accessory buildings shall be permitted on any lot having 21,780 square feet or more".

CITY OF NOVI CODE OF ORDINANCES Section 2503.1E.3 states "in a residential district, the aggregate of all accessory buildings on the property shall not exceed 1500 square feet in an R-A and R-1 district".

REQUIRED SQUARE FOOTAGE                1500 SQUARE FEET MAXIMUM
PROPOSED SQUARE FOOTAGE               5810 SQUARE FEET
VARIANCE REQUESTED                           4310 SQUARE FEET

IN CASE NO.07-079 APPROVE THE PETITIONER’S REQUEST GIVEN THAT THE PROPOSED IMPROVEMENT IN THIS CASE HAS BEEN DETERMINED BY THE CITY TO BE IN THE PUBLIC’S BEST INTERESTS DESPITE THE FACT IT WILL NOT COMPLY WITH THE CITY’S ZONING REGULATIONS.

Motion Carried: 7-0
Motion Maker: Fischer

Applicant is requesting one wall sign variance for a 192 square foot illuminated wall sign for the ACO Hardware Store located at 41800 Ten Mile Road in the Novi Ten Shopping Center. Property is located north of Ten Mile Road and west of Meadowbrook and is zoned B-3.

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

IN CASE NO. 07-080 APPROVE THE PETITIONER’S REQUEST GIVEN THE SETBACK FROM STATED ROADS FOR BUSINESS IDENTIFICATION AND THE FACT THAT THE SIGN THE PERMANENCE THIS (SIC) HAS NOT POSED ANY PROBLEMS FOR THE LAST TWENTY THREE OR FOUR YEARS.

Motion Carried: 7-0
Motion Maker: Fischer

Applicant is requesting one wall sign variance for the proposed Inkstop Store to be located at 43350 Grand River Avenue in the Novi Town Center out lot building 2. Applicant is requesting a 17.51 square foot illuminated rear elevation wall sign for the south elevation of the building. Property is zoned TC and located north of Grand River and east of Novi Road.

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (3) f Number of on-premises advertising 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"

IN CASE NO.07-082 GRANT THE VARIANCE AS REQUESTED DUE TO THE LACK OF SIGNAGE ON THE SOUTH ELEVATION AND GIVEN THE VISIBILITY FROM THE GRAND RIVER CORRIDOR.

Motion Carried: 7-0
Motion Maker: Canup

Applicant is requesting a Temporary Special Exception Permit renewal for the placement of a temporary construction trailer to be located at 41336 Clermont lot # 103 in the Willowbrook Farms Subdivision from November 6, 2007 through November 6, 2009. The property is zoned R-4 and located east of east of Meadowbrook and north of Ten 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."

IN CASE NO.07-083 DENY THE REQUEST AS STATED DUE TO THE FACT THAT THE PETITIONER HAS NOT ESTABLISHED A PRACTICAL DIFFICULTY AND GIVEN THE HOMEOWNERS IN THE AREA VOICING THEIR OPINIONS AND THE FACT THAT THE SITE IS CLOSE TO BEING TOTALLY BUILT OUT AND ALSO HAS BEEN IN POOR MAINTENANCE AND IS AN EYESORE OF THE COMMUNITY.

Motion Carried: 6-0 (Member Wrobel recused)
Motion Maker: Canup

Applicant is requesting one wall sign variance for a 30 square foot illuminated wall sign to be located at 28350 Cabot Drive for the Mercantile Bank. This business has an approved ground sign. Property is zoned OST and is located north of Thirteen Mile Road and east of M-5.

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."

Applicant is requesting a variance to a previously granted variance in ZBA06-047 for additional construction to an approved accessory structure in the front yard. The applicant is requesting one variance to construct a portico with limestone columns on top of an existing accessory structure in the front yard. The property is zoned R-4 and is located South of Pontiac Trail and East of West Park Drive.

CITY OF NOVI CODE OF ORDINANCES Section 2503.1 B states: "Accessory buildings shall not be erected in any required front yard or in any required exterior side yard".

IN CASE NO 07-085 DENY THE REQUEST AS STATED DUE TO THE FACT THAT THE PETITIONER HAS NOT ESTABLISHED ALL THE ELEMENTS OF PRACTICAL DIFFICULTY INCLUDING THE FACT THAT BY NOT ALLOWING THIS VARIANCE THAT WILL NOT UNREASONABLY PREVENT THE OWNER FROM USING THE PROPERTY FOR PERMITTED PURPOSE NOR WOULD IT BE UNNECESSARILY BURDENSOME AS THE GENERATOR IS FUNCTIONAL WITHOUT THE PORTICO. THE VARIANCE WOULD NOT BE SUBSTANTIAL JUSTICE TO THE SURROUNDING PROPERTY OWNERS AS THERE ARE CONCERNS ABOUT REGARDING THE AESTHETICS AND THE PLIGHT OF THE PROPERTY OWNER IS NOT UNIQUE TO THIS PARTICULAR PROPERTY.

Motion Carried: 7-0
Motion Maker: Fischer

Applicant is requesting four sign variances for a projecting sign and an illuminated rear elevation wall sign for the Mixx Lounge located at 43155 Main Street Suite 502. Applicant is requesting consideration for a projecting sign to be located on the front elevation of the building. The applicant would like the Board to consider two options for the projecting sign request. The first proposal requests a 15 square foot projecting wall sign measuring 3 x 5 feet to be located above the main entrance to the business which faces Main Street. The second proposal requests a 14 square foot projecting sign measuring 60" x 32" also to be located above the main entrance to the business which faces Main Street.

In addition, the applicant is requesting one 40 square foot illuminated wall sign variance to relocate the previously approved front elevation wall sign to the rear elevation of the business which faces the parking lot of building 200/300 Main Street. Property is zoned TC-1 and located east of Novi Road and south of Grand River Avenue.

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (2) f.1. a. b. c. Area height and placement regulations states:

"Pedestrian level projecting sign: In a TC-1 zoning district, a business having a first floor pedestrian entrance in a single or multiple story building shall be entitled, in addition to any other sign, to one (1) pedestrian level projecting identification sign. Each business shall be entitled to only one (1) projecting sign."

Area: "A pedestrian level projecting sign shall not exceed three (3) square feet in area or three (3) feet in width. The area of such a sign shall be in addition to any permitted sign provided for herein."

Placement: "Pedestrian level projecting signs shall only be located on private or public streets. They shall be located within the store frontage of the business being identified. The bottom of such sign shall be at least eight and one-half (8.5) feet above the surrounding grade and shall not exceed twelve (12) feet in height. No sign shall be greater than three feet in width; and if a projecting sign is utilized, any other permitted sign shall be reduced by the area of the projecting sign."

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (4) b Design of signs in the TC-1 district states: All signs in a TC-1 district, except those permitted in section 28-7 of this Code, shall be reviewed pursuant to the Sign Design and Review Manual for Novi TC-1 district."

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (2) b. 3. Placement states: "…those wall signs permitted for individual businesses shall be located on the same side of the building as the exterior wall abutting the business space, and within the lineal frontage of the respective business."

Rules and Procedures Committee Update: Member Fischer informed the Board a meeting with the City Attorney is scheduled for later this month and the committee hopes to bring forward their recommendations at the next hearing.

ZBA07-051 Extension to Variance Request: The Board heard a request to extend the ninety day requirement for filing for a building permit for the approved variance from the August 7, 2007 agenda. The Board unanimously approved an extension to March 1, 2008.

ZBA07-058 23820 Lynwood: The Board heard a request from City Staff for the petitioner to not have to reappear before the Board if all of the stipulations in the approved motion from the October 9, 2007 ZBA hearing are met. The City Staff will verify all conditions have been met and the case will be closed under Other Matters on the December agenda. If the petitioner is unable to meet the requirements stipulated by the Board, the petitioner will reappear before the Board on the December 4, 2007 agenda. The Board unanimously approved the request.