Roll call Members Bauer, Fischer, Ghannam, Ibe, Krieger, Sanghvi, Shroyer, and Wrobel

Present: Beth Kudla, City Attorney; Alan Amolsch, Ordinance Officer; Robin A. Working, ZBA Recording Secretary; Chris Fox, Community Development Department, Charles Boulard, Building Official

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".

IN CASE NO 08-017 TO GRANT THE PETITIONER’S REQUEST DUE TO THE UNIQUE LOCATION OF THE PROPERTY ON ELEVEN MILE. GRANTING THE VARIANCE WOULD BRING THE PETITIONER RELIEF. THE VARIANCE WILL BE GRANTED FOR A PERIOD OF ONE YEAR OR UNTIL THE FIRST CERTIFICATE OF OCCUPANCY FOR THE LAST BUILDING UNDER CONSTRUCTION FOR AVALON POINTE IS ISSUED; WHICHEVER COMES FIRST.

Gardner Signs Inc. representing Huntington Bank is requesting a thirteen (13) square foot area variance and a one-foot height variance for an 8 x 6 foot multi tenant ground sign measuring forty-eight (48) square feet to be located at 43200 Ten Mile Road for the Huntington Bank and the Vantage Point Shopping Center. Property is zoned B-3 and located north of Ten Mile Road and east of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) a 1. i. and Section 28-5 (2) a 2. ii Area Height and placement regulations for ground signs states: "Ground signs shall not exceed one (1) square foot for each two (2) feet of setback from the nearest street center line as required or exceed a height of six (6) feet."

CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 a. Prohibited Signs states: "A sign not expressly permitted is prohibited.

Donny Coach representing RMJ Development is requesting a variance to continue the nonconforming use of outdoor storage for building materials, contractor’s equipment/supplies and to park RMJ Development vehicles on the property located at 25280 Seeley Road. Property is zoned I-1 and located north of Grand River Avenue and east of Seeley Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 2502.5 C Nonconforming Uses of Structures and Land states: "If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification provided that the Board of Appeals, either by general rule of by making finding in the specific case, shall find that the proposed use is equally appropriate of more appropriate to the district than the existing conforming use."

Joe Zabolotny of L & A Architects Inc. is requesting one ten (10) foot front yard parking setback variance, one variance to the required number of parking spaces, one five (5) foot side yard dumpster setback variance and one variance to the requirement that loading areas be screened from view from any public right-of-way, including free way right-of-way and adjacent properties for the Taco Bell restaurant located at 21090 Haggerty Road. Property is zoned FS and is located north of Eight Mile Road and east of Haggerty Road.

CITY OF NOVI, CODE OF ORDINANCES, Article 24, Schedule of Regulations Section 2400 states "In an FS district the required front yard setback variance is twenty (20) feet."

REQUIRED FRONT YARD PARKING SETBACK      20 FEET
PROPOSED FRONT YARD PARKING SETBACK    10 FEET
VARIANCE REQUESTED                                      10 FEET

CITY OF NOVI, CODE OF ORDINANCES, Article 25, Section 2505 14. c. (8A) Off-Street Parking Drive-through restaurants states "The minimum number of off-street spaces shall be one (1) for each employee plus one (1) for every two (2) persons allowed in seating areas."

REQUIRED PARKING SPACES PROVIDED         38
PROPOSED PARKING SPACES PROVIDED       36
VARIANCE REQUESTED                                     2

CITY OF NOVI, CODE OF ORDINANCES, Article 25, Section 2503 2. F. 4. Accessory Uses states " No refuse bin screening enclosure shall be located closer to the property line than the minimum parking lot setback."

MINIMUM SIDE YARD SETBACK FOR DUMPSTER       10 FEET
PROPOSED SIDE YARD SETBACK FOR DUMPSTER     5 FEET
VARIANCE REQUESTED                                               5 FEET

CITY OF NOVI, CODE OF ORDINANCES, Article 23A., Section 2302A. 1. Required Conditions states " Truck service areas and overhead truck loading/unloading doors shall be totally screened form view from any public right-of-way, including freeway right-of-way, and adjacent properties."

IN CASE NO 08-020 GRANT PETITIONERS’ REQUEST BECAUSE THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY THAT THE PROPERTY IS UNIQUE IN ITS WIDTH AS WELL AS THE MDOT EASEMENT ISSUE THAT WAS SITED. THE NEED FOR THE VARIANCE IS NOT SELF CREATED BECAUSE OF THE FACT THAT THE LOT AS IT SITS CURRENTLY WOULD NOT ALLOW THE PROPOSED BUILDING WHICH TAKES INTO CONSIDERATION THE SAFETY AND AS WELL AS TRAFFIC SITUATION OVER ON HAGGERTY ROAD. THE VARIANCE WILL NOT CAUSE ADVERSE IMPACT ON SURROUNDING PROPERTY. THE PETITIONER HAS ESTABLISHED THAT THE PARKING SPACES WILL NOT BE AN IMPACT GIVEN THE INCREASED PUSH THROUGH OF TRAFFIC.

Linda Cornillie is requesting one four (4) foot side yard setback variance and one 5% rear yard lot coverage variance for the construction of a new 528 square foot detached garage to be located at 1601 East Lake Road. Property is zoned R-4 and located north of Thirteen Mile Road and west of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Article 25, Section 2503 states "The total floor area of all accessory buildings shall not occupy more than twenty-five (25) percent of any required rear yard…..A detached accessory building shall not be located closer than six (6) feet to any interior side lot line".

REQUIRED INTERIOR SIDE YARD SETBACK      6 FEET
PROPOSED INTERIOR SIDE YARD SETBACK    2 FEET
VARIANCE REQUESTED                                    4 FEET

REQUIRED REAR YARD LOT COVERAGE         25%
PROPOSED REAR YARD LOT COVERAGE        30%
VARIANCE REQUESTED                                     5%

Edward Balfe of Erickson Retirement Communities – Fox Run Village is requesting an extension to allow the continued placement of a temporary construction identification sign located at 41000 W. Thirteen Mile Road. The sign was originally approved in ZBA04-012 for one year and granted a three year extension in ZBA04-117. The property is zoned RM-1 and is located north of Thirteen Mile Road and west of the M-5 expressway.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (1) Temporary Signs states: "Construction identification sign which identifies the name of the project developers, contractors, engineers, architects…are permitted until issuance of the first certificate of occupancy."

IN CASE NO 08-023 APPROVE THE PETITIONERS’ REQUEST GIVEN THAT THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY BASED UPON CIRCUMSTANCES OR FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY SUCH AS THE LARGE SIZE OF THE BUILDINGS AND THE CAMPUS, THE CLIENTELE THEY ARE TRYING TO ATTRACT AS WELL AS THE PEOPLE WORKING ON THE PROPERTY BEING ABLE TO FIND THE BUILDING. FAILURE TO GRANT WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL MAKE IT MORE DIFFICULT TO USE THE PROPERTY AS ALLOWED AND LASTLY THIS WILL RESULT IN SUBSTANTIAL JUSTICE DONE TO THE PETITIONER AS WELL AS THE SURROUNDING PROPERTIES BECAUSE IT IS A WELL KEPT SIGN THAT IS NOT TOO LARGE AND IT IS NOT INCONSISTENT WITH THE INTENT OF THE CHAPTER. I WOULD MAKE THIS MOTION CONDITIONED UPON IT BEING REVOKED IF THE C OF O OF THE LAST BUILDING IS GIVEN AND IT IS ALSO FOR A PERIOD OF THREE YEARS.

David Hengstebeck is requesting one 8.3 foot aggregate side yard setback variance for the addition of a new attached garage to an existing nonconforming structure located at 23770 Meadowbrook Road. Applicant’s property has an existing 4.2 foot north side yard setback. Property is zoned R-4 and is located east of Meadowbrook Road and north of Malott 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 AGGREGATE SIDE YARD         25 FEET
PROPOSED AGGREGATE SIDE YARD       16.7 FEET
VARIANCE REQUESTED                              8.3 FEET

CITY OF NOVI, CODE OF ORDINANCES, Article 25, Section 2502 4. A. Nonconforming Structure’s states: "No such structure may be enlarged or altered in a way which increases its non-conformity."

IN CASE NO 08-024 APPROVE PETITIONERS’ REQUEST GIVEN THAT THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY IN THAT THE SHAPE OF THE PROPERTY IS UNIQUE AND CREATES A NEED FOR THE VARIANCE. STRICT COMPLIANCE WITH THE REGULATIONS OF THE ZONING ORDINANCE WILL BE UNNECESSARILY BURDENSOME AND IN FACT OUT OF CHARACTER. THE PETITIONER HAS ESTABLISHED THAT THE VARIANCE IS THE MINIMUM VARIANCE NECESSARY BECAUSE A LESSER VARIANCE WOULD ONLY MAKE THE PROPERTY MORE OUT OF CHARACTER WITH SURROUNDING PROPERTIES AND THIS VARIANCE WILL NOT CAUSE ADVERSE IMPACT ON SURROUNDING PROPERTY, PROPERTY VALUES OR THE ENJOYMENT OF THE PROPERTY IN THE NEIGHBORHOOD BECAUSE AS STATED IT IS LINE WITH THE SURROUNDING COMMUNITY AND THE GARAGES THAT MANY OF THE BUILDINGS AROUND THERE HAVE. ONE CONDITION IS THAT THE PETITIONER MAINTAINS THE ARCHITECTURAL INTEGRITY AND FAÇADE OF THE MAIN STRUCTURE ON THE LOT.

Chairperson Comments: Chairman Fischer thanked the City Attorney and City Staff for the excellent Annual ZBA Training held on May 6, 2008. All members concurred the training was very helpful.

Building Official Comments: Charles Boulard thanked the Board for taking an additional evening out of their week to attend the training. He asked the Board for their feedback on the ZBA packet material improvements.