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ZONING BOARD OF APPEALS
ACTION SUMMARY
Roll call Members Bauer, Fischer, Ibe, Krieger, Sanghvi, Shroyer and Wrobel Present: Members Bauer, Fischer, Ibe, Sanghvi, Shroyer and Wrobel Absent: Member Krieger (excused) Also Present: Beth Kudla, City Attorney; Alan Amolsch, Ordinance Officer; Robin A. Working, ZBA Recording Secretary; Chris Fox, Community Development Department, Kristen Kapelanski, City Planner; Stephen Rumple, Community Development Director; Charles Boulard, Building Official Pledge of Allegiance Approval of Agenda: Approved as updated. Approval of Minutes: Board received minutes for the February 12, 2008 meeting. Public Remarks: None
1. Case No. 07-094 filed by Jeffrey Wainwright for Paradise Park located at 45799 Grand River Avenue Jeffrey Wainwright of Paradise Park is requesting one (1) sign variance to allow the display of multiple event notices at a rate of 3 seconds per notice for the existing illuminated ground sign located at 45799 Grand River Avenue. The property is zoned I-1 and is located the south of Grand River Avenue and west of Taft 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 display multiple event messages on an approved changeable copy sign at a rate of 3 seconds per notice for Paradise Park. Case postponed to the April 8, 2008 meeting.
2. Case No. 07 -097 filed by Patrick Stieber of Allied Signs, Inc. for Men’s Wearhouse Tux located at 27500 Novi Road Space # D290 Patrick Stieber of Allied Signs representing Men’s Wearhouse Tux is requesting one 41.70 square foot illuminated wall sign variance for the placement of an exterior elevation wall sign located at 27500 Novi Road Space # D290 at the Twelve Oaks Mall. Property is zoned R-C and located north of I-96 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." Applicant is requesting an exterior elevation wall sign for Men’s Wearhouse Tux where no separate exterior entrance exists. IN CASE NO 07-097: DENY THE VARIANCE REQUEST BECAUSE THE PETITIONER HAS NOT ESTABLISHED A PRACTICAL DIFFICULTY. THERE HAS NOT BEEN ESTABLISHED THAT THE COMPLIANCE WITH THE STRICT LETTER OF THE RESTRICTIONS OF THE ORDINANCE WOULD UNREASONABLY PREVENT THE USE OF THE PROPERTY OR BE UNNECESSARILY BURDENSOME BECAUSE THE PETITIONER HAS NOT ESTABLISHED A UNIQUENESS FROM ALL OTHER MALL STORES WITHOUT OUTSIDE ENTRANCES THAT WOULD JUSTIFY THEIR RECEIVING PERMISSION FOR AN OUTSIDE ILLUMINATED WALL SIGN. Motion Carried: 6-0
3. Case No. 08-002 filed by Joseph Locricchio of Trillium Village of Novi located north of Nine Mile at Haggerty Road Joseph Locricchio of Trillium Village is requesting one 15.5 square foot area sign variance and one three (3) foot sign height variance for an 8 foot tall real estate marketing sign to be located at the entrance to Trillium Drive for Trillium Village of Novi. Property is zoned R-3 and is located west of Haggerty Road and north of Nine Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) Temporary Signs states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the residential property upon which the sign is located shall not exceed six (6) square feet in area or five (5) in height." PROPOSED SQUARE FOOTAGE
21.5 SQUARE FEET PROPOSED HEIGHT
8 FEET Applicant is requesting two sign variances for an oversized real estate marketing sign for Trillium Village of Novi. IN CASE NO 08-002: TO APPROVE THE SIGN AS SUBMITTED WITH THE REMOVAL OF THE BRIGHT RED "NOW LEASING" PORTION OF THE SIGN AND THIS TEMPORARY SIGNAGE PERMIT IS TO EXTEND THROUGH THE END OF SEPTEMBER 2008. THE REASONS ARE ALLOW TO FOR ADDITIONAL TIME TO RENT THE FACILITIES BASED ON THE ECONOMIC CONSIDERATIONS OF THE FOREGOING ACTIVITIES IN SEPTEMBER 2008. Motion Carried: 5-1(Yes: Fischer, Ibe, Shroyer, Sanghvi, Wrobel; No:
Bauer)
4. Case No.08-004 filed by Michael Eldon of Premier Finish Inc. for 40390 Guilford Road Michael Eldon of Premier Finish Inc. is requesting one 3.1 foot rear yard setback variance and one 1% total lot coverage variance for the construction of a 252 square foot proposed addition to an existing home located at 40390 Guilford Road in the Fairfield Farms Subdivision. Property is zoned R-1 and is located east of Meadowbrook Road and south of Ten Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Article 24 Schedule of Regulations requires single family homes in an R-1 zoning district to have a minimum rear yard setback of 35 feet and maximum total lot coverage of 25%. REQUIRED REAR YARD SETBACK
35 FEET MAXIMUM TOTAL LOT COVERAGE ALLOWED 25% Applicant is requesting one rear yard setback and one total lot coverage variance for the construction of an addition to an existing home. IN CASE NO 08-004: GRANT THE REQUEST OF THE APPLICANT FOR THE MINIMAL VARIANCE HE NEEDS FOR THE PURPOSE AS HE STATED IN HIS APPLICATION WITH THE PROVISION THAT ARCHITECTURAL INTEGRITY OF ENTIRE HOUSEHOLD IN THE NEIGHBORHOOD WILL BE MAINTAINED THROUGH THE NEW ADDITION. Motion Carried: 6-0
5. Case No. 08-005 filed by Haley Law Firm, PLC for AT&T for 42400 Arena Drive Wallace Haley representing AT&T is requesting a variance from the requirement of a face brick exterior equipment shelter building on all sides with gable roof for two proposed wireless outdoor equipment cabinets to be located at 42400 Arena Drive. Property is zoned I-1 and is located east of Novi Road and south of Ten Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 2508 1. g. states "Antenna towers, poles and related equipment shelter buildings shall be subject to site plan review as provided in Section 2516. Equipment shelter buildings shall be constructed of face brick on all sides with gable roof." Applicant is requesting a variance to the requirement that outdoor equipment cabinets be placed in a shelter. IN CASE NO 08-005: APPROVE THE REQUEST FOR THE VARIANCE AS SUBMITTED GIVEN THE FACTS THAT WERE PRESENTED THIS EVENING’S CASE THAT THE HEIGHTS AND SIZES OF THE PROPOSED DO NOT EXCEED ANYTHING THAT IS CURRENTLY EXISTING THERE AND THAT THE UNITS ARE ADEQUATELY SHIELDED BY THE EVERGREENS THAT SURROUND THE ACTIVITY THUS CAUSING NO AESTHETIC IMPERFECTIONS. THIS VARIANCE DOES MEET THE INTENT OF THE ORDINANCE. Motion Carried: 6-0
6. Case No. 08-006 filed by David Giltner of Signature Associates for 41280 Bridge Street David Giltner of Signature Associates is requesting one thirty two square foot sign area variance for the placement of a forty eight square foot real estate leasing sign to be placed on the property of 41280 Bridge Street facing I-96. Property is zoned I-1 and is located east of Meadowbrook Road and south of I-96. 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 or multiple-family apartment complexes upon which the sign is located or the model name of the building for sale, but not including signs on vacant unplatted property." SIGNAGE AREA REQUESTED 48 SQUARE FEET Applicant is requesting one area sign variance for a real estate leasing sign. IN CASE NO 08-006: GRANT PETITIONER’S REQUEST FOR THE LEASING SIGN FOR A PERIOD OF TWO YEARS WITH THE UNDERSTANDING THAT THE SIGN WILL COME DOWN AS SOON THE PROPERTY IS LEASED. THIS VARIANCE IS BEING GRANTED DUE TO THE UNIQUE LAYOUT OF THE COMMERCIAL PROPERTY, THE LOCATION IS DIFFICULT TO ADVERTISE AND THE HARDSHIP IS APPRECIATED. Motion Carried: 6-0
7. Case no. 08-007 filed by Steven A. Sorenson, PE of Professional Engineering Associates for 27772 Novi Road Steven Sorensen of Professional Engineering Associates is requesting six variances for the construction of a proposed Best Buy store to be located at 27772 Novi Road. Applicant is requesting two building setback variances, one Off-street loading and unloading location variance, one dumpster location variance and two dumpster setback variances. Property is zoned RC and is located south of Twelve Mile Road and east of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Article 24 Schedule of Regulations requires a minimum building setback of one hundred feet on all sides. REQUIRED SIDE YARD SETBACK (North) 100 FEET REQUIRED FRONT YARD SETBACK (East) 100 FEET Applicant is requesting two building setback variances. Case postponed.
8. Case No.08-008 filed by Michele and Tyler Best for 47875 Ravello Court Tyler and Michele Best are requesting a variance from the strict requirement of the ordinance regulating the keeping of cats and dogs. Applicants are requesting to allow four dogs to reside at 47875 Ravello Court in the Bellagio Subdivision. Property is zoned RA and is located west of Beck Road and south of Nine Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 2521 Keeping of Dogs and Cats states "It shall be unlawful for any person or persons to keep more than three (3) dogs or three (3) cats within residential districts…" Applicant is requesting to keep 4 dogs in a residential district. Applicant withdrew case from consideration 2-26-2008. OTHER MATTERS 1. Community Development Director Stephen Rumple introduced Building Official, Charles Boulard to the Board. 2. Rules of Procedure: Board members will be having a public meeting on Tuesday, March 25, 2008 at 7:00 p.m. to discuss the proposed document for approval. Meeting adjourned: 8:09 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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