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APPEALS ACTION SUMMARY Roll call Members Bauer, Burke, Fischer, Ghannam, Ibe, Krieger, Sanghvi and Shroyer Present: Members Bauer, Burke, Fischer, Ghannam, Ibe, Krieger, Sanghvi and Shroyer Absent: None Also Present: Tom Schultz, City Attorney; Robin A. Working, ZBA Recording Secretary; Charles Boulard, Building Official; Chris Fox, Community Development Department Liaison, Barbara McBeth; Deputy Community Development Director Pledge of Allegiance : Member Sanghvi Approval of Agenda: Approved with changes. Approval of Minutes: September 9, 2008, October 14, 2008 with changesPublic Remarks: None 1. Case No. 08-054 filed by the Manyam Group LLC for Sri Venkateswara Temple and Cultural Center, Inc. to be located at 26233 Taft Road Praveen Manyam representing Sri Venkateswara Temple and Cultural Center, Inc. is requesting multiple variances for the proposed construction of a Priest Residence/Temporary Temple, Temple and Cultural Center to be located at 26233 Taft Road. Petitioner is requesting seven variances to the required maximum building height limit for a Special Land Use and one variance to the requirement that roof top appurtenances not exceed the maximum height standard for the proposed temple construction. Petitioner is also requesting one variance from the requirement that dumpsters be located in the rear yard for the proposed Cultural Center construction. Lastly, as a condition of Special Land Use approval by the Planning Commission the petitioner is requesting only one variance for parking at final build out. Property is zoned R-A and is located west of Taft Road and north of Eleven Mile Road. Temple Variances Requested: CITY OF NOVI, CODE OF ORDINANCES, Schedule of Regulations, Section 2400 allows for a maximum building height of 35 feet in an RA District. CITY OF NOVI, CODE OF ORDINANCES, Section 2903 Height Limit notes that while height limits do not apply to church spires, the Zoning Board of Appeals may specify a height limit for a Special Land Use, provided the height is not greater than the distance to the nearest property line. The proposed Temple building is closest to north side yard property line. The proposed building setback is 93 feet. Maximum Building Height Allowed 35’ 1) Proposed Maha Rajagopuram Building Entrance Height
37’ 4.5" 2) Proposed Decorative Element Height (front) #1
36’ 5" 3) Proposed Decorative Element Height (front) #2
40’ 5" 4) Proposed Decorative Ornament Height (rear) #1
50’ 5) Proposed Decorative Ornament Height (rear) #2
50’ 6) Proposed Brass Pole Height (rear)
55’ 1" 7) Proposed Tower Height (rear)
55’ 1" CITY OF NOVI, CODE OF ORDINANCES, Section 2503.2.E. (2) Accessory Structures states roof top appurtenances shall not exceed the maximum height standard. 8) Maximum Temple Building Height Allowed
35’ Cultural Center Variances Requested: CITY OF NOVI, CODE OF ORDINANCES, Section 2503.2.F.1 Accessory Structures, Refuse Bin states refuse bins and their screening enclosures shall be located in the rear yard and no closer than ten feet to any building. Petitioner is requesting to allow the dumpster to be located in the side yard. Parking Related Variances Requested: CITY OF NOVI, CODE OF ORDINANCES, Section 2505 b. Off Street Parking Requirements states the minimum number of parking spaces required for Churches or Temples is one for each three seats or persons permitted to capacity. 10) IN CASE 08-054, LIGHT OF THE EXTENDED DISCUSSIONS, PRESENTATIONS MADE BY THE PETITIONER, COMMENTS MADE BY THE CONCERNED RESIDENTS AND THE DISCUSSIONS FROM THE BOARD MEMBERS, CITY AND CITY ATTORNEY. I WOULD MOVE THAT THE STRUCTURES NOTED IN REQUESTS #1 THROUGH 7 AS PRESENTED, BY THE PETITIONER FALL UNDER DEFINITION OF WHAT A CHURCH SPIRE SHOULD BE. IN ACCORDANCE WITH SECTION 2903, THE SPIRES AND THE HEIGHTS SHOULD BE EXEMPTED FROM HEIGHT LIMITATION. AS A RESULT, VARIANCE RELIEF IS NOT REQUIRED. I MOVE THAT THE BOARD APPLY THE STANDARD FOR THE DEFINITION OF A CHURCH SPIRE TO THE PETITIONERS CLAIMS. IN ADDITION, THERE SHOULD BE A CONDITION THAT THE LIGHTING OF THE STRUCTURES SHOULD BE TURNED OFF BY 11:00 PM EACH DAY. IT IS CONFIRMED THAT THIS MOTION INCLUDES ALL SEVEN OF THE SPIRES AND THE BOARD IS APPROVING THE HEIGHTS THAT WERE APPROVED ON THE SITE PLAN. THESE ARE ELEMENTS THAT APPEAR TO RELATE TO THE PURPOSE OF THE TEMPLE. THE HEIGHTS RELATE TO THE LARGER BUILDING STRUCTURE. THE LIGHTING REFERS TO ITEMS ONE THROUGH SEVEN ONLY AND NOTHING ELSE ON THE SITE PLAN. Motion Carried: 5-2 Motion Maker: Ibe (Yes: Ibe, Fischer, Ghannam, Krieger, Sanghvi: No: Shroyer, Bauer: Excused: Burke) IN CASE NO. 08-054 ITEM NUMBER EIGHT MOTION TO APPROVE THE PURPOSED VARIANCE OF SEVEN FEET AS REQUESTED AND DESIGNED BY THE ARCHITECTS BECAUSE IT MEETS THE PRACTICAL DIFFICULTY STANDARD. IN THAT, IF WE DO NOT APPROVE IT, IT WOULD UNREASONABLY PREVENT THE USE OF THE PROPERTY FOR PERMITTED PURPOSE. THE VARIANCE WOULD PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AND THE SURROUNDING PROPERTY OWNERS. THE PROPERTY IS UNIQUE. IT IS A RESIDENTIAL AREA AND THEY ARE TRYING TO FIT THESE STRUCTURES ON THE PROPERTY. THE PROBLEM IS NOT SELF CREATED, THEY HAVE EXPLAINED THE STRUCTURES HAVE TO BE A CERTAIN HEIGHT. THE MOST LOGICAL PLACE IS ON TOP OF THE ROOF FOR THE REASONS THAT THEY HAVE DISCUSSED. THERE IS PROPER AND ADEQUATE LIGHT PROVIDED TO THE ADJACENT PROPERTIES. THERE IS NO INCREASE OF FIRE DANGER IN PUBLIC SAFETY. I THINK IT WOULD BE DECREASED. THE PROPERTY VALUES WOULD NOT BE DIMINISHED AND THE SPIRIT OF THE ZONING ORDINANCE WOULD BE OBSERVED. Motion Carried: 6-1 (Yes: Ibe, Bauer, Fischer, Ghannam, Kreiger, Sanghvi; No: Shroyer; Excused: Burke) Motion Maker: Ghannam IN CASE NO. 08-054 MOTION TO APPROVE THE REQUEST RELATING TO ITEM # 9 THAT THE DUMPSTER BE ALLOWED TO BE LOCATED IN THE SIDE YARD, WITH THE UNDERSTANDING AND SPECIFIC AGREEMENT THAT IT WOULD BE AT LEAST 100 FEET WEST OF THE SOUTHERN WALL THAT IS ON THE PROPERTY LINE THAT IS DESCRIBED IN THE SITE PLAN DATED OCTOBER 4, 2008. THE SPECIFIC LOCATION TO BE APPROVED AND AGREED TO WITH THE MUTUAL CONSENT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PETITIONER FOR THE REASON THAT; THEY HAVE TO HAVE A DUMPSTER, IT HAS TO BE IN A LOCATION THAT DOES NOT AFFECT, AS MUCH AS POSSIBLE, THE NEIGHBORS IMMEDIATELY TO THE SOUTH. BASED ON THE LAYOUT OF THIS PARTICULAR SITE ANDTHERE ARE UNIQUE CIRCUMSTANCES TO THE PROPERTY WHERE THE DUMPSTER DOES NEED TO BE IN THE SIDE YARD. THE PROBLEM IS NOT SELF CREATED. THERE IS NO INCREASE OF FIRE DANGER OR PUBLIC SAFETY. THE PROPERTY VALUE WOULD NOT BE DIMINISHED WITHIN THE SURROUNDING AREA. THE SPIRIT OF THE ORDINANCE IS OBSERVED. Motion Maker: Ghannam Motion Carried: 4-3 (Yes: Ibe, Ghannam, Krieger, Sanghvi; No: Shroyer, Bauer, Fischer: Excused: Burke) IN CASE NO. O8-54 MOTION TO APPROVE TO POSTPONE THIS CASE TO THE DECEMBER MEETING OR UNTIL THE PETITIONER IS READY WITH FURTHER CLARIFICATION ON THE ISSUES BROUGHT UP BY THE BOARD MEMBERS AND GIVEN TIME FOR THE CITY ATTORNEY, THE PLANNING DEPARTMENT AND THE PETITIONERS TO ADDRESS THOSE CONCERNS. Motion Carried: 5-2 (Yes: Ibe, Bauer, Fischer, Krieger, Shroyer; No: Ghannam, Sanghvi; Excused: Burke Motion Maker: Fischer
2. Case No. 08-056 filed by Jason Minock for Toll Brothers Inc. Island Lake located south of Grand River Avenue, north of Ten Mile Road, east of Napier Road and west of Wixom Road Jason Minock of Toll Brothers – Island Lake is requesting an extension to nine oversized real estate advertising signs and twelve directional signs located in the Island Lakes Community Development. Property is zoned RA and is located south of Grand River Avenue, north of Ten Mile Road, east of Napier Road and west of Wixom 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…shall be 6 square feet in area and not higher than five (5) feet. One sign. The applicant is requesting nine (9) variances for oversized real estate advertising signs to be located: #1 24290 Terra Del Mar (model home) CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 (a) Prohibited Signs states a sign not expressly permitted is prohibited. The applicant is requesting twelve (12) variances for directional signage within the development to be located: #10 New Section Now Open/Model 2 sided near 24850 Terra Del Mar/Nepavine
Drive IN CASE NO. 08-056 MOTION TO APPROVE THE VARIANCE FOR 18 MONTHS AS REQUESTED, GIVEN THE UNIQUE SIZE OF THE LAND, THE LAYOUT OF THE LAND AND THE LAYOUT OF THE ROADS. WITH A CONDITION THAT THE SIGNS MUST BE MAINTAINED AND MEET THE STANDARDS OF THE COMMUNITY DEVELOPMENT DEPARTMENT. SIGNS #7, 8, 9, 44, 46, 66 AND 27, WHEN THEY ARE TO BE REPLACED BY NEWLY IDENTIFIED STYLE SHALL NOT EXCEED THE 24" X 36" AND NO GREATER HEIGHT THAN THE 5’ WHICH IS REQUIRED BY ORDINANCE. Motion Carried: 7-1 Motion Maker: Fischer
3. Case No. 08-057 filed by John Babcock of Babcock Homes/Resolve Marketing located north of Eight Mile and west of Beck Road at the Richmond Drive Entranceway John Babcock of Babcock homes is requesting four sign variances for the addition of two monogram seal emblem signs and two builder panel signs to be located on the Richmond Drive entranceway to Maybury Park Estates. Petitioner is requesting two 1.83 square foot single-face builder panel signs to be placed below each of the existing "Maybury Park Estates" signs. Petitioner is also requesting two ten foot height variances for the placement of two 6.5 square foot monogram seal emblem signs fifteen feet high on the existing peaks of the entranceway ground sign. Property is zoned RA and located north of Eight Mile Road and west of Beck Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) k Number of on-premises advertising signs permitted states and entranceway sign is permitted at each entranceway to a residential subdivision. If a residential subdivision has a boulevard entrance, one, single-face entranceway sign is permitted on each side of the boulevard. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) d. Entranceway sign height states a maximum of five feet allowed. IN CASE NO. 08-057 MOTION TO APPROVE THE VARIANCE REQUEST DUE TO THE SEALS BEING MORE DECORATIVE IN NATURE AND NOT TECHNICALLY SIGNAGE. THIS VARIANCE ALLOWS FOR THE CONSISTENCY WITH THE SIGNS THAT HAVE ALREADY BEEN APPROVED AND MAKE THIS PROPERTY UNIQUE. GRANTING THIS RELIEF WILL NOT RESULT IN A USE THAT IS INCOMPATIBLE WITH THE ADJACENT OR SURROUNDING PROPERTIES. IT IS NOT INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE. Motion Carried: 7-0 Motion Maker: Shroyer
4. Case No. 08-058 filed by G. Michael Kahm of Singh Development, LLC for Waltonwood at Twelve Oaks located at 27475 Huron Circle G. Michael Kahm of Singh Development, LLC is requesting one sign variance for the location of a double sided leasing sign for Waltonwood at Twelve Oaks to be located in the northwest corner of sidwell 50-22-14-200-034 south of Twelve Mile Road. Property is zoned R-C and located south of Twelve Mile Road and east of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-8 (1) Off-premises advertising signs permitted according to district states ground pole signs and wall signs shall be permitted in an I-2 district only. IN CASE NO. 08-058 MOTION TO APPROVE A VARIANCE TO ALLOW ONE OFF PREMISES ADVERTISING SIGN BASED ON CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY. THE FAILURE TO GRANT RELIEF WOULD LIMIT THE USE OF THE PROPERTY AND COULD RESULT IN SUBSTANTIAL INABILITY TO ATTAIN A HIGHER FINANCIAL RETURN. THE VARIANCE WOULD NOT RESULT IN ANY UNREASONABLE INTERFERENCE WITH THE ADJACENT OR SURROUNDING PROPERTIES, ALSO WE WOULD GIVE THIS APPROVAL FOR 2 YEARS. Motion Carried: 7-0 Motion Maker: Burke
5. Case No. 08-059 filed by Sam LoPiccolo of LoPiccolo Homes Inc. for lot 159, 24580 Cavendish Avenue located Lo Piccolo Homes Inc. is requesting a Temporary Use Permit renewal for the continued placement of a temporary construction trailer on Lot 159 of Churchill Crossing at 24580 Cavendish from November 12, 2008 through November 12, 2010. Petitioner received a Temporary Use Permit in TUP06-045 and a one year extension in TSEP07-049. The property is zoned R-4 and located north of Ten Mile Road and west of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 3004 2., "Temporary Use Permits" states: "The Building Official shall have the power to grant permits authorizing temporary special land uses for…temporary buildings…not to exceed two (2) years on undeveloped parcels within the City. IN CASE NO. 08-059 MOTION TO APPROVE A VARIANCE TO ALLOW THE TEMPORARY USE REQUESTED FOR A PERIOD OF 6 MONTHS PROVIDED THAT ALL ACTIONS THAT DO NOT FALL WITHIN OUR ORDINANCE REQUIREMENTS ARE CEASED BY MONTHS END. THIS INCLUDES STORAGE OF ANY HEAVY EQUIPMENT AND ANY OTHER STORED MATERIALS. ALSO THE SITE MUST BE CLEARED UP WITH THE REMOVAL OF ANY AND ALL TRASH AND DEBRIS. ALL SAFETY CONCERNS FOR THE TRAILER NEED TO BE ADDRESSED BY THE SAME DATE. THE CONSTRUCTION TRAILER, PARKING AREA, LANDSCAPING AND THE GRASS MUST BE MAINTAINED FOR THE LENGTH OF THE VARIANCE. THE USE PERMIT IS BASED ON THE NEED FOR THE USE DUE TO 22 HOMESITES YET TO BE DEVELOPED, THE SLOW-DOWN OF OUR CURRENT HOUSING INDUSTRY, NO ADDITIONAL FIRE SAFETY ISSUES BEING CREATED, NO DECREASE IN SURROUNDING PROPERTY VALUES BEING OBSERVED AND THE SPIRIT OF THE ORDINANCE BEING OBSERVED. Motion Carried: 7-0 Motion Maker: Shroyer
OTHER MATTERS 1. ZBA08-024 23770 Meadowbrook Road: The board approved a 6 month extension for an 8.3’ aggregate side yard setback variance to expire February 12, 2009. 2. ZBA08-010 50740 Berwick Court: The board approved a 6 month extension for a 10’ front yard setback variance to expire January 7, 2009. 3. ZBA08-020 Taco Bell: The board approved a 6 month extension for one 10’ front yard parking setback variance, one variance to the required number of parking spaces, one five 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 freeway right-of-way and adjacent properties to expire February 12, 2009. Meeting adjourned 11:32 PM. 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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