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ZONING BOARD OF APPEALS ACTION SUMMARY Roll call Members Bauer, Canup, Fischer, Krieger, Sanghvi, Shroyer and Wrobel Present: Members Bauer, Canup, Fischer, Krieger, Sanghvi, Shroyer and Wrobel Also Present: Beth Kudla, City Attorney; Alan Amolsch, Ordinance Officer; Sarah Marchioni, ZBA Recording Secretary; Chris Fox, Community Development Department Liaison Pledge of Allegiance Public Hearing Format and Rules of Conduct:
Approval of Agenda Public Remarks 1. Case No. 07-081 filed by Josh Malik of Jack B. Anglin Company for 46700 Grand River Avenue Applicant is requesting temporary relief from the zoning ordinance which prohibits expanding nonconforming uses of land. Applicant is requesting an eighteen month use variance to terminate the expanded illegal non-conforming use of vehicle storage on the property located at 46700 Grand River Avenue. The property is zoned OST and located north of Grand River and east of Beck Road. CITY OF NOVI CODE OF ORDINANCES Article 25 General Provisions Section 2502 (1) ( 3) A. Nonconforming lots, Nonconforming Uses of Land, Nonconforming uses of Structures and Nonconforming Uses of Structures and Land states: "Intent. It is the intent of this Ordinance to permit legal nonconforming lots, structures or uses to continue until they are removed but not to encourage their survival. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective dated of adoption or amendment of this Ordinance." Applicant is requesting an eighteen month use variance to terminate the expanded illegal non-conforming use of vehicle storage. CASE TABLED
2. No. 07-084 filed by Keith Murray of Sign Graphix, Inc. for Mercantile Bank located at 28350 Cabot Drive Tabled from the November 6, 2007 Agenda 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 one wall sign variance for Mercantile Bank. IN CASE NO. 07-084 TO DENY THE REQUEST FOR A VARIANCE AS STATED DUE TO THE LACK OF A DEMONSTRATED HARDSHIP OR A PRACTICAL HARDSHIP/DIFFICULTY. THE MEMBERS HAD NO PROBLEM IDENTIFYING THE BUILDING. Motion Carried: 4-3 (Yes: Bauer, Canup, Shroyer, Wrobel; No: Fischer,
Krieger, Sanghvi)
3. Case No.07-086 filed by Randy Gregory of Mixx Lounge located at 43155 Main Street Suite 502 Tabled from the November 6, 2007 Agenda 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 one 30 square foot variance for a projecting sign to be located on the front elevation of the building. Applicant requests a 33 square foot projecting wall sign measuring 11 x 3 feet 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." 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 if not otherwise entitled to a wall sign." Applicant is requesting 4 sign variances for the Mixx Lounge on Main Street. IN CASE NO. 07-086 TO GRANT THE VARIANCE WITH THE FOLLOWING STIPULATIONS: THE SIGN ON THE REAR OF THE BUILDING OR THE GRAND RIVER SIDE OF THE BUILDING NOT EXCEED 20 SQUARE FEET AND CONFIGURATION TO BE DETERMINED BY THE APPLICANT. TO DENY THE REQUEST FOR THE FRONT ELEVATION SIGN DUE TO A LACK OF A DEMONSTRATED HARDSHIP. Motion Carried: 5-2 (Yes: Bauer, Canup, Shroyer, Sanghvi, Wrobel; No:
Fisher, Krieger)
4. Case No.07-087 filed by J. Woong Shin for Shiro Restaurant located at 43180 Nine Mile Road Applicant is requesting an extension to the variance granted in ZBA06-026 to allow the off premises SHIRO Restaurant sign to remain on the northeast corner of Nine Mile Road and Novi Road. The properties where the sign and the restaurant are located are owned by Arkin Enterprises. The sign location property is zoned RM-1. CITY OF NOVI CODE OF ORDINANCES Section 28-8 (1) Off-premises advertising signs states: "Off premises advertising signs, illuminated or un illuminated, shall be permitted in an I-2 district only." Applicant is requesting renewal of the off premises advertising sign for Shiro Restaurant. IN CASE NO. 07-087 TO APPROVE THE EXTENSION OF THE PREVIOUSLY APPROVED SIGN IN ZBA06-026 FOR EIGHTEEN MORE MONTHS AS THERE IS NO EGREGIOUS REACTIONS HAVE BEEN NOTED. Motion Carried: 5-2 (Yes: Bauer, Canup, Krieger, Shroyer, Sanghvi; No:
Fischer, Wrobel)
5. Case No.07-089 filed by Northern Equities Group for LaSalle Technology Centre located at 28875 & 28845 Cabot Drive Northern Equities Group is requesting two variances from the required twenty foot side yard parking setback in an OST district to accommodate a proposed lot split for both LaSalle North and LaSalle South. The property is zoned OST and located north of 12 Mile Road and west of Cabot 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 PROPOSED SIDE YARD PARKING SETBACK (SOUTH)
0 FEET Applicant is requesting a 20-foot north and south side yard parking lot setback variance. IN CASE NO. 07-089 TO APPROVE VARIANCES REQUESTED GIVEN THE PETITIONER’S COMMENTS, GIVEN THAT IT WILL NOT IMPAIR THE ORDINANCE, OR THE SURROUNDING AREAS, OR IMPACT THEM DETRIMENTALLY. Motion Carried: 7-0
6. Case No.07-90 filed by Ilene & Randy Patterson for 41626 Chattman Drive in the Meadowbrook Lake Subdivision Applicant is requesting four variances for the placement of an accessory structure/shed in the Ampton Drive right-of-way located in the Meadowbrook Lake Subdivision adjacent to the exterior side yard of 41626 Chattman Drive. Applicant is requesting relief from the strict application of the ordinance which prohibits placement of an accessory structure within an easement or dedicated right-of-way and further stipulates an accessory building may not to be located closer than ten (10) feet to any main building or be erected in any required exterior side yard. Property is zoned R-3 and located north of Nine Mile and west of Meadowbrook Road. CITY OF NOVI CODE OF ORDINANCES Section 2503 H. Accessory Uses states: "In no instance shall an accessory building be located within an easement or dedicated right-of-way." CITY OF NOVI CODE OF ORDINANCES Section 2503 G. Accessory Uses states; "A detached accessory building shall not be located closer than ten (10) feet to any main building." CITY OF NOVI CODE OF ORDINANCES Section 2503 B. Accessory Uses states: "Accessory buildings shall not be erected in any required front yard or in any required exterior side yard." CITY OF NOVI CODE OF ORDINANCES Section 2503 D Accessory Uses states: "Each accessory building shall meet all setback requirements for the zoning district in which the property is situated." REQUIRED BUILDING SETBACK:
9 FEET 6 INCHES REQUIRED EXTERIOR SIDEYARD SETBACK: 10 FEET Applicant is requesting four variances for the placement of a shed in the side yard. IN CASE NO. 07-090 TO GRANT THE VARIANCE SUBJECT TO THE TERMS AND RESTRICTIONS OF THE LICENSE AGREEMENT AS AGREED TO BY THE CITY WITH THE APPLICANT. Motion Carried: 7-0
7. Case No.07-091 filed by Michael M. Yamada of Colliers International for Meadowbrook Corporate Park located at 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 south of Twelve Mile and east of Meadowbrook Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) Use, Area, Height and Placement Regulations for Temporary Signs states: "Sale, rental or lease sign which identifies the sale, rental or lease of the non-residential property…shall be no greater than 16 square feet and not more than 10 feet in height." Applicant is requesting a renewal of the Colliers International corporate leasing sign for Meadowbrook Corporate Park. IN CASE NO. 07-091 TO GRANT THE REQUEST AS STATED FOR A PERIOD OF ONE YEAR AT WHICH TIME IF THE APPLICANT WISHES TO RENEW THIS HE WOULD HAVE TO COME BACK BEFORE THIS BOARD. Motion Carried: 7-0
8. Case No.07-092 filed by Kramer Triad Management Group representing Saratoga Circle Condominium Association for the Common Areas of Saratoga Circle Applicant is requesting one seven (7) foot setback variance for the placement of a subdivision entranceway sign to be located three (3) feet from the right-of-way in the Saratoga Circle Commons area. Property is zoned R-4 and located south of Thirteen Mile Road and east of Old Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) d. 3 Entranceway sign: Placement states" Not less than ten (10) feet from any street right-of-way and in yards adjacent to streets at the entrance to the subdivision, apartment complex, condominium development or permitted institution." REQUIRED SETBACK:
10 FEET Applicant is requesting one setback variance for the placement of a subdivision entranceway sign. IN CASE NO. 07-092 TO GRANT THE REQUEST OF THE APPLICANT FOR PUTTING UP THE SIGN AND ACCEPT THE SETBACK VARIANCE AS RECOMMENDED BY THEM. Motion Carried: 7-0
OTHER MATTERS 1. ZBA07-058 23820 Lynwood IN CASE NO. 07-058 TABLE THE CASE TO SEND THE PETITIONER FOR AN ADMINSITRATIVE REVIEW BY THE CITY, ITS ENGINEERS AS WELL AS ANY APPROPRIATE REVIEWS DEEMED NECESSARY BY THE CITY AND THE CITY ATTORNEY. THE PETITIONER SHOULD RETURN TO THE BOARD FOR THE DECEMBER 4, 2007 ZBA MEETING TO VERIFY THE STATUS OF THE ADMINISTRATIVE REVIEW RESOLUTION OR THE BOARD WILL MAKE A DETERMINATION AT THAT TIME. Petitioner satisfied the City Engineering requirement for corner clearance and submitted documentation to the Board for their consideration. The Board determined the petitioner should officially withdraw the case from consideration. The case was tabled to allow the petitioner time to submit an official withdrawal. 2. Rules and Procedures Update Member Fischer presented fellow Board members with a draft document for their consideration and highlighted some of the changes for review. Meeting Adjourned 10:03 p.m. NOTICE: People with disabilities needing accommodations for effective participation in this meeting should contact the Community Development Department (248) 347-0415 at least seven working days in advance of the meeting. An attempt will be made to make reasonable accommodations.
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