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; Charles Boulard, Building Official

Public Remarks:

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…"

IN CASE NO 07-094 DENY THE PETITIONER’S REQUEST DUE TO A PRACTICAL DIFFICULTY NOT BEING ESTABLISHED. PARADISE PARK CAN CHANGE MESSAGES UNDER THE REVISED SIGN ORDINANCE UP TO ONCE PER MINUTE. THE PETITIONER HAS NOT ESTABLISHED THAT GRANTING THE VARIANCE WOULD MAINTAIN THE SPIRIT OF THE ORDINANCE; PUBLIC SAFETY WOULD BE SECURED AND SUBSTANTIAL JUSTICE DONE BECAUSE THIS REQUEST IS NOT UNIQUE FROM OTHER AREA VENDORS. DRIVERS TRAVELING AT THAT RATE OF SPEED TRYING TO READ A CHANGING SIGN MAY FIND IT DISTRACTING TAKING THEIR EYES OFF THE ROAD AND CAUSING A SAFETY CONCERN.

Motion Carried: 6-0
Motion Maker: Shroyer

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."

Linda Cornillie is requesting one two (2) foot side yard setback variance and one 3% rear yard lot coverage variance for the construction of a new 480 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   4 FEET
VARIANCE REQUESTED                                   2 FEET

REQUIRED REAR YARD LOT COVERAGE          25%
PROPOSED REAR YARD LOT COVERAGE        28%
VARIANCE REQUESTED                                   3%

IN CASE NO 08-022 GRANT THE PETITIONER’S JUNE 10, 2008 REQUEST FOR ONE TWO FOOT SIDE YARD SETBACK VARIANCE AND ONE 3% REAR YARD LOT COVERAGE VARIANCE. THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY GIVEN THAT THE REQUIRED SETBACK WOULD UNREASONABLY PREVENT THE USE OF THE PROPERTY, GIVEN THE ODD CONFIGURATION AND THE SMALL LOT SIZE. THE VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE TO THIS PETITIONER AS WELL AS SURROUNDING PROPERTY OWNERS IN THAT IT WILL CLEAN UP THE AREA INSURING THAT ANY STORAGE WILL BE STORED INSIDE AS OPPOSED TO OUTSIDE. THE SPIRIT OF THE ZONING ORDINANCE WILL BE OBSERVED.

Motion Carried: 6-0
Motion Maker: Fischer

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b. 1. (a) (ii) b. Area height and placement regulations states: "A wall sign displayed on a building occupied by one (1) business shall not exceed one (1) square foot of signage for each three (3) feet of setback from the centerline of the nearest adjacent thoroughfare."

IN CASE NO 08-025 GRANT PETITIONER’S REQUEST FOR A WALL SIGN ON THE EAST ELEVATION NOT TO EXCEED 131 SQUARE FEET GIVEN THAT: THE PETITIONER HAS ESTABLISHED THAT THE SETBACK OF THE BUILDING FROM CABARET DRIVE UNREASONABLY PREVENTS THE USE OF THE PROPERTY AS IT WILL NOT BE ABLE TO BE SEEN; THE SIZE OF THE BUILDING AND THE SIZE OF THE PROPERTY CITES THE NECESSITY FOR A LARGER SIGN. PETITIONER HAS ALSO ESTABLISHED THAT THERE WOULD BE NO INCREASE OF FIRE DANGER OR PUBLIC SAFETY; THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THAT PROPERTY VALUES WILL NOT DIMINISH WITHIN THE SURROUNDING AREA.

IN CASE NO.08-025 DENY THE PETITIONER’S REQUEST FOR A SIGN ON THE WEST ELEVATION BECAUSE A PRACTICAL DIFFICULTY WAS NOT ESTABLISHED GIVEN THAT THE SIGN MOST LIKELY WOULD NOT BE SEEN FROM I-96 OR WOULD NEED TO BE TOO BIG IN ORDER TO DO SO AND THAT DENYING THIS VARIANCE DOES NOT UNREASONABLY PREVENT THE USE OF THE PROPERTY ESPECIALLY CONSIDERING THE EAST ELEVATION SIGN WAS APPROVED BY THE BOARD. APPROVAL OF THE VARIANCE COULD HAVE POTENTIAL PROPERTY VALUE IMPACTS AND THE SPIRIT OF THE ZONING ORDINANCE WOULD NOT BE OBSERVED BY THE APPROVAL OF THE WEST ELEVATION SIGN.

Motion Carried: 6-0
Motion Maker: Fischer

Anthony Schmitt of LaKritz-Weber & Company representing Providence Park Village Center is requesting one 112 square foot sign variance for the placement of 128 square foot double sided real estate sign to be located on Providence Hospital property, 47601 Grand River Avenue. Property is zoned OSC and is located south of Grand River and west of Beck Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) Temporary Signs states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the non-residential property…shall not exceed sixteen (16) square feet in area."

Donna Skelcy of 301 Duana is requesting a variance from the strict requirement of the Zoning Ordinance which prohibits fences on all lots of record in all residential districts from extending into the front yard setback to allow a 14 foot 3 inch long fence in the front yard. Property is zoned R-4 and is located south of South Lake Drive and west of Old Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 2515 1. a. & (2) Fences states: "Fences on all lots of record in all residential districts…(2) Shall not extend toward the front of the lot nearer than the minimum front yard setback distance, unless an existing house already extends into the minimum front yard, in which case the fence may extend to the front of the house.

Dominick Comer is requesting a use variance to allow a commercial landscape utility trailer to be parked in his residential interior side yard setback located at 156 Pickford. Property is zoned R-4 and located east of West Park Drive and north of South Lake Court.

CITY OF NOVI, CODE OF ORDINANCES, Section 2504 9. (a) Commercial and Recreational Vehicle Parking and Storage states: A person shall not park, nor a vehicles registered owner permit to be parked, not the owner of residentially-zoned property permit to be parked, any commercial vehicle or a commercial trailer on any residentially-zoned property in the city for any purpose or length of time other then for expeditious loading and delivery or pick-up and unloading of materials, goods, or merchandise, or for the purpose of carrying on a principal use permitted on the property on which the vehicle is parked."

IN CASE NO.08-028 GRANT TEMPORARY ALLOWANCE FOR PETITIONER TO USE THE PROPERTY TO STORE HIS UTILITY TRAILER IN THE SIDE YARD ONLY BECAUSE THE PETITIONER HAS ESTABLISHED UNNECESSARY HARDSHIP IN THAT THERE ARE UNIQUE CIRCUMSTANCES OF THE PROPERTY THAT PREVENTS THE PETITIONER FROM USING IT AS INTENDED. ACCORDING TO THE PETITIONER’S TESTIMONY THE USE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE AREA AS HE HAS KEPT THE TRAILER THERE FOR SOMETIME. THIS VARIANCE WILL HAVE A LIMITATION TO EXTEND TO DECEMBER 31, 2008. PETITIONER WILL BE REQUIRED TO COMPLY WITH CURRENT ORDINANCES AND LAWS PERTAINING TO STORAGE OF FLAMABLE MATERIALS.

Motion Carried: 5-1 (Yes: Fischer, Ghannam, Ibe, Krieger, Shroyer; No: Bauer)
Motion Maker: Ghannam

Amarjit Chawney of Villagewood Place Condominiums LLC is requesting one sign variance for the continued placement of a fifteen square foot real estate marketing sign measuring six feet in height for Villagewood Place. The property is zoned RM-1 and is located on Kartar Lane west of Haggerty Road between Nine and Ten Mile Roads. Sign variance originally approved in ZBA04-092 for one year, extended for one year in ZBA05-107 and extended once again in ZBA07-007 for one year.

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 (other than multiple family apartment complexes) upon which the sign is located are limited to six (6) square feet in area and five (5) feet in height."

Cornell Sign Company representing Allstate Billiards is requesting 3 wall sign variances for Allstate Billiards-Patio-Hot Tubs located at 26159 Novi Road. Applicant is requesting three illuminated 60 square foot wall signs measuring 10 x 6 to be placed on the north, south and east elevations of the tower of the business building. Property is zoned TC and is located west of Novi Road and north of Grand River Avenue.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) Number of on-premises advertising signs permitted states: "No building of parcel of land shall be allowed more than one (1) sign permitted under this section."

2. Ordinance Update: Chairman Fischer asked Member Shroyer to designate a sub committee to reconvene to bring a document to the Board for approval.