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ZONING BOARD OF APPEALS ACTION SUMMARY Roll call Members Bauer, Fischer, Ghannam, Ibe, Krieger, Sanghvi, Shroyer and Wrobel Present: Members Bauer, Fischer, Ghannam, Ibe, Krieger, Sanghvi, Shroyer and Wrobel 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; Charles Boulard, Building Official Pledge of Allegiance: Member Krieger Approval of Agenda: Approved Approval of Minutes: Approved with submitted changes .1. Case No. 08-007 filed by Steven A. Sorenson, PE of Professional Engineering Associates for 27772 Novi Road Case postponed 3-04-2008 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. CITY OF NOVI, CODE OF ORDINANCES, Section 2507 Off Street Loading and Unloading states "Within the RC District…loading- unloading, as well as trash receptacles may be located in an interior side yard beyond the minimum side yard setback requirement of the district." Applicant is requesting loading and unloading in the exterior side yard of the building. CITY OF NOVI, CODE OF ORDINANCES, Section 2503 2. F. 1. and 2. Accessory Uses/Accessory Structures states "Except where otherwise permitted and regulated in this ordinance, refuse bins and their screening enclosures shall be located in the rear yard. If a refuse bin enclosure is structurally attached to a main building, it is subject to regulations applicable to the main building." REQUIRED DUMPSTER SIDE YARD SETBACK (North)
100 FEET REQUIRED DUMPSTER FRONT YARD SETBACK (East) 100
FEET Applicant is requesting two setback variances and one location variance to place a trash compactor in the exterior side yard. IN CASE NO. 08-007 TO APPROVE THE REQUESTS FOR THE VARIANCES AS STATED IN THE APPLICATION. THE PRACTICAL DIFFICULTIES DESCRIBED BY THE APPLICANT; THE LOT CONFIGURATION AND LOCATION; THE TRAFFIC PATTERNS; THE CONSIDERATION OF THE LEAST IMPACT OF THE VARIANCES REQUESTED HAVE ALL BEEN PRESENTED BY THE PETITIONER. Motion Carried: 7-0
2. Case No. 08-009 filed by Vince Nona of Market Village located at 41430 Grand River Avenue, Suite DVince Nona of Market Village is requesting one sign variance for an additional wall sign on the Meadowbrook Road elevation of the Gateway Village Market. Applicant is requesting one 42 square foot wall sign to be located at 41430 Grand River Avenue. Property is zoned NCC and is located west of Meadowbrook Road and north of Grand River Avenue. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) f. Number of on premises advertising sings permitted states: "Where two (2) or more separately owned and operated businesses occupy a building on a single parcel of land, each having separate exterior entrance, each business is entitled to a single identification wall sign." Applicant is requesting an additional wall sign for Market Village. IN CASE NO. 08-009 TO APPROVE THE REQUEST FOR A VARIANCE TO ALLOW FOR AN ADDITIONAL WALL SIGN FOR THE EAST ELEVATION AS INDICATED IN OUR PACKET PROVIDED THIS SIGN SHALL BE OF THE SAME DESIGN, COLOR, LOOK AND SIZE OF THE EXISTING WALL SIGN ON THE SOUTH ELEVATION. DUE TO THE FACT THIS BUSINESS HAS A CORNER LOCATION ON BOTH GRAND RIVER AVENUE AND MEADOWBROOK ROAD AND THAT ALLOWING THIS VARIANCE WOULD PROVIDE FOR A SAFER ENTRYWAY FOR THE CUSTOMERS THAT NEED TO CROSS OVER LANES ON BOTH ROADS AND SHOWING THAT THE SIGN WOULD MAINTAIN WITH THE COMPATIBILITY WITH THE SURROUNDING BUILDINGS AND AREA. Motion Carried: 7-0
3. Case No. 08-010 filed by Ray Cousineau of Park Place Estates Inc. for 50740 Berwick Court Ray Cousineau of Park Place Estates Inc. is requesting one ten foot front yard setback variance for lot 27, 50740 Berwick Court in the Park Place Subdivision in an effort to preserve a wetland buffer in the rear yard and allow the lot to be buildable. The property is zoned RA and is located west of Garfield Road and south of Nine Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Article 24 Schedule of Regulations requires single family homes in an RA zoning district to have a minimum front yard setback of 45 feet. REQUIRED FRONT YARD SETBACK 45 FEET Applicant is requesting one front yard setback variance. IN CASE NO. 08-010 GRANT THE PETITIONER’S REQUEST DUE TO THE FACT THAT THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY GIVEN THAT THE BUILDABLE AREA IS SEVERELY LIMITED DUE TO THE WETLANDS AND IT IS HIS MAIN GOAL TO A) PRESERVE THOSE WETLANDS AND B) BUILD A USABLE BACK YARD. GRANTING THIS VARIANCE WOULD ALSO HELP THE HOUSE BECOME CLOSER IN CHARACTERISTICS WITH THE OTHER HOUSES IN THE SUBDIVISION AND THE HOUSE BEING ON A CUL DE SAC AND AN IRREGULAR SHAPED LOT ALSO IMPEDES THE BUILD ABILITY OF THIS LOT AND FURTHERS THE PRACTICAL DIFFICULTY SHOWN. THE PETITIONER WILL HAVE SIX MONTHS TO PULL A BUILDING PERMIT. Motion Carried: 4-3 (Yes: Fischer, Ibe, Krieger, Wrobel; No: Bauer,
Shroyer, and Sanghvi)
4. Case No. 08-011 filed by Chuck Alawan for Greek Isle Eatery located at 39777 Grand River Avenue Chuck Alawan of Greek Isle Eatery is requesting a variance to the requirement that outdoor seating areas shall be enclosed in instances where there is wait staff service. Greek Isle Eatery is located in the Pheasant Run Plaza at 39777 Grand River Avenue. Property is zoned B-3 and is located south of Grand River and west of Haggerty Road. CITY OF NOVI, CODE OF ORDINANCES, Section 2524 d. Outdoor Restaurants states: "Outdoor seating areas shall be required to be enclosed in instances where there is wait staff or alcohol service. Enclosures shall consist of metal railing, wood railing, brick walls, or other suitable material…" Applicant is requesting a variance from the requirement that outdoor restaurant seating shall be enclosed in instances where there is wait staff. IN CASE NO. 08-011 TO APPROVE THE REQUEST FOR THE VARIANCE DUE TO THE FACTS THAT THE APPLICANT HAS DEMONSTRATED BUILDING A BARRIER WOULD ACTUALLY IMPEDE PEDESTRIANS FROM BEING ABLE TO UTILIZE THE WALKWAY DURING INCLEMENT WEATHER AND DOES NOT CREATE A SAFETY HAZARD BECAUSE THERE IS STILL ADEQUATE WALKING AREA BETWEEN THE OUTSIDE COLUMN AREA AND THE DRIVE. THEY DO NOT SERVE LIQUOR SO THERE IS NO CONCERN ABOUT POLICE ISSUES AND THE INTENT OF THE ORDINANCE IS TO PROTECT THE APPLICANT AND THE APPLICANT HAS CHOSEN TO PURSUE THE VARIANCE ANYWAY. THIS VARIANCE IS SPECIFIC TO GREEK ISLE EATERY ONLY. Motion Carried: 7-0
5. Case No. 08-012 filed by Bradley Schupholm of Bradley Signworks for Crowne Plaza located at 27000 Sheraton Drive Bradley Signworks representing Crowne Plaza is requesting two variances to a previously approved (ZBA06-073) pole sign to allow for the addition of two panels to the existing sign. The first panel measures 44 square feet and is to be placed below the existing Crowne Plaza sign for Benedetto’s Steakhouse located at 27000 Sheraton Drive. The second panel measures 33 square feet and is to be placed below the Benedetto’s sign. This panel is proposed to be a LED reader board sign. The applicant is also requesting one wall sign variance for a 63 square foot illuminated wall sign to be located on the west elevation of the Crowne Plaza hotel located at 27000 Sheraton Drive. The property is zoned C – Conference Center and is located north of I-96 and west of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-15 (b) (1) and (2) Non Conforming Signs states "A non conforming sign (1) Shall not be structurally altered so as to prolong the life of the sign or to change the shape, size, type, or design of the sign, or in any way that would increase the degree or extent of non-conformity of such sign; (2) Shall not be expanded…" 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 sign variances for the Crowne Plaza and Benedetto’s Steakhouse. IN CASE NO. 08-012 TO APPROVE THE POLE SIGN MINUS THE LED READER BOARD AND ALSO THE WALL SIGN ON THE WEST ELEVATION AS REQUESTED. THEY DEMONSTRATED A PRACTICAL DIFFICULTY AND NEED FOR BUSINESS IDENTIFICATION. Motion Carried: 7-0
6. Case No. 08-013 filed by Ron Nuechterlein of Superior Diversified Services for the Shirvanian Office Building located at 43485 Fonda Drive Ron Nuechterlein of Superior Diversified Services is requesting four variances for the construction of a proposed office building to be located at 43485 Fonda Street. Applicant is requesting two parking setback variances, one loading space setback variance and one maneuvering lane width variance. Property is zoned TC and is located north of Grand River Avenue and west of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Article 24 Schedule of Regulations requires a minimum parking setback of twenty feet from any planned or existing Right Of Way. REQUIRED SIDE YARD SETBACK (East) 20 FEET REQUIRED SIDE YARD SETBACK (West) 20 FEET CITY OF NOVI, CODE OF ORDINANCES, Section 2507.2 Off-street loading and unloading states: "loading, unloading space must be setback an amount equal to the parking area setback". REQUIRED LOADING SPACE SETBACK 20 FEET CITY OF NOVI, CODE OF ORDINANCES, Section 2506 requires that a maneuvering lane be 24 feet in width when abutting parking spaces. REQUIRED MANEUVERING LANE WIDTH 24 FEET Applicant is requesting four variances for the construction of the Shirvanian Office Building. IN CASE NO. 08-013 GRANT THE REQUEST FOR THE VARIANCES DUE TO THE LOT CONFIGURATION AND THE CONDITION OF THE TERRAIN. THE MOTION IS CONTINGENT UPON WRITTEN APPROVAL FROM FIRE MARSHAL EVANS SUBMITTED TO THE CITY AS PART OF THE ZBA RECORD. Motion Carried: 7-0
7. Case No. 08-14 filed by Paul Weinstock of Radiant Sign Company for Hertz located at 42355 Grand River Avenue Paul Weinstock of Radiant Sign Company is requesting a fifteen square foot sign variance for the placement of a 6’ x 30" directional sign to be located at 42355 Grand River Avenue for Hertz Drop Off and Pick Up. The property is zoned B-3 and is located south of Grand River and west of Meadowbrook Road. 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 28-1 (10) Definition of a ground sign: means a sign, not attached to any building, supported be a monument placed in the ground surface such that the entire bottom of the sign is affixed to the ground and is not supported by poles, columns, or uprights. Applicant is requesting a double sided non illuminated directional sign. IN CASE NO. 08-014 GRANT THE REQUEST FOR THE VARIANCE FOR BUSINESS IDENTIFICATION AND DIRECTION. Motion Carried: 7-0
8. Case No. 08-015 filed by Thomas Vanoyen of Curb Appeal Homes for 1915 West Lake Drive Thomas Vanoyen of Curb Appeal Homes is requesting three setback variances and one total lot coverage variance for the construction of a new home to be located at 1915 West Lake Drive. Property is zoned R-4 and is located south of Pontiac Trail east of West Lake Drive. CITY OF NOVI, CODE OF ORDINANCES, Article 24, Schedule of Regulations requires single family homes in the R-4 zoning district to maintain: REQUIRED REAR YARD SETBACK
35 FEET MINIMUM SIDE YARD SETBACK
10 FEET MINIMUM AGGREGATE OF TWO SIDES 25 FEET MAXIMUM TOTAL LOT COAVERAGE
25% Applicant is requesting three setback and one total lot coverage variances for the construction of a new home. IN CASE NO. 08-015 TO APPROVE THIS CASE IN REQUESTING THREE SETBACK VARIANCES. THE VARIANCE REQUESTED FOR THE REAR 9.25 FEET, THE MINIMUM SIDE PROPOSED IS 4 FEET SO THE VARIANCE REQUEST FOR 6 FEET AND WITH THAT ANYTHING THAT THE FIRE MARSHAL WOULD NEED TO ADD. THEN IN PROPOSED AGGREGATE OF TWO SIDES THE VARIANCE OF 17 FEET WITH OUR DISCUSSION THE PROOF OF THE PRACTICAL DIFFICULTY FOR THE USE OF THIS PROPERTY; WITH THE MAXIMUM TOTAL LOT COVERAGE OF 37%, VARIANCE REQUESTED 12%. Motion Carried: 7-0
9. Case No. 08-016 filed by Mark Johnson of Cornell Sign Company Inc. for K&S Plaza located at 30900 Beck Road Mark Johnson of Cornell Sign Company is requesting one sign variance to allow a 30 square foot multi tenant business sign for the K&S Plaza located at 30900 Beck Road. The proposed multi tenant sign will replace an existing business center pole sign. The property is zoned B-3 and located east of Beck Road and south of Pontiac Trail. CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 (a) A sign not expressly permitted is prohibited. Applicant is requesting to replace an existing business center pole sign with a multi tenant business sign. IN CASE NO. 08-016 TO APPROVE THE REQUEST TO REPLACE THE EXISTING BUSINESS CENTER POLE SIGN WITH A MULTI TENANT BUSINESS SIGN. THE SIGNAGE ITSELF IS NOT INCREASING IN SIZE, THE LOCATION WILL NOT IMPAIR THE VIEW FROM SURROUNDING BUSINESSES, AND THE SIGN WILL MEET ALL SETBACK REQUIREMENTS AND WILL RESULT IN THE REMOVAL OF AN EXISTING NON CONFORMING POLE SIGN. THE PROPOSED SIGN WILL ALLOW FOR EXPOSURE FOR UP TO EIGHT BUSINESSES THAT ARE LOCATED IN THE PLAZA WITHOUT THE SIGNAGE VIEWABLE FROM NORTHBOUND BECK ROAD. Motion Carried: 7-0
10. Case No. 08-017 filed by Larry Shew of Meadow Pointe LLC for Avalon Pointe Office Center located at 41805 Eleven Mile Larry Shew of Meadow Pointe LLC representing Avalon Pointe Office Center is requesting an extension for the continued use of a sixty (60) square foot temporary construction identification sign to remain on the property located at 41805 Eleven Mile Road until the first certificate of occupancy for the third building is issued. Property is zoned I-1 and is located south of Eleven Mile Road and west of Meadowbrook Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (1) Temporary Signs, Maximum Permit Duration or Exemption states: "Construction identification sign not to be issued prior to the first starting permit and is valid until issuance of the first certificate of occupancy". Applicant is requesting to extend the use of an existing construction identification sign for Avalon Ponte. Case postponed to the May 13, 2008 hearing date at the petitioner’s request.
OTHER MATTERS 1. Building Official Comments Charles Boulard encouraged the Board to review the correspondence from Secrest Wardle pertaining to the amendments to the Michigan Zoning and Enabling Act which were recently signed into law. 2. Rules of Procedure Update Beth Kudla informed the Board she would drafting a new document to address the mock sign amendment and any changes which may be necessary as a result of the MZEA changes. 3. ZBA07-065 Novi Corporate Campus The Board’s original motion required a six month review. The Board was provided updated documentation from the Ordinance Enforcement Division and subsequently approved the remaining six months on the petitioner’s original request for a temporary construction trailer. 4. ZBA07-028 1411 West Lake The Board approved the petitioner’s request for a ninety day extension to the requirement in Article 31 Section 3107 which requires a building permit to be pulled within ninety days of the Board’s order. Meeting adjourned: 10:32 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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