Public Remarks: None

Larry LaVanway of LaVanway Sign Co is requesting a variance to allow installation of a 114.7 SF wall sign or a variance to allow an alterative method of sign area calculations for Fusion Health & Fitness Clubs, a suite within Twelve Mile Crossing. The property is zoned RC and located west of Novi Road and south of Twelve Mile Road.

Section 28-1 "Area of sign means the entire area within the smallest circle, triangle, parallelogram, or other geometric shape that encloses the extreme limits of any writing, picture, logo, representation, emblem, or figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed …"

Section 28-5 (2) b. 1. (a) (i) a. Multiple businesses: A business having a first floor pedestrian entrance shall be allowed one and one-fourth ( 1 ¼) square feet of signage per linear foot of contiguous public or private street frontage up to a maximum of sixty-five (65) square feet.

IN CASE NO. 09-003 MOTION TO ALLOW INSTALLATION OF A WALL SIGN NO LARGER THAN 114.7 SQUARE FEET. THE SIGN IS NOT INCOMPATIBLE OR INTERFERE WITH THE ADJACENT OR SURROUNDING PROPERTIES WILL RESULT IN SUBSTANTIAL JUSTICE BEING DONE TO THE APPLICANT AND ADJACENT SURROUNDING PROPERTIES, AND IS NOT INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE. THE VARIANCE IS LIMITED TO THE DESIGN THAT WAS PROPOSED.

Motion Carried: 6-1
Motion Maker: Member Wrobel (Yes: Cassis, Ghannam, Ibe, Kreiger, Sanghvi, Wrobel)
(No: Bauer)

2. Case No. 09-004 – 24270 Novi Road – Benito’s Pizza – Vantage Pointe

Sign Fabricators is requesting a variance to allow installation of one additional 39 square foot wall sign for the Benito’s Pizza suite located at 24270 Novi Road. The property is zoned B-3 and is located east of Novi Road and north of Ten Mile Road.

Section 28-5 (3) f. 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 if not otherwise entitled to a wall sign.

IN CASE NO. 09-004 MOTION TO DENY THIS REQUEST. THE APPLICANT HAS NOT DEMONSTRATED A HARDSHIP AND FAILURE TO GRANT RELIEF WILL NOT UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL NOT RESULT IN SUBSTANTIALLY MORE THAN MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE DENIAL WILL RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE AND WILL INTERFERE WITH THE ADJACENT OR SURROUNDING PROPERTIES. CURRENTLY I MOVE THAT A MOTION TO DENY BE GRANTED. THE PROPERTY IS NOT UNIQUE BECAUSE OF THE LACK OF VISIBILITY FROM ONE SIDE IS SHARED BY THE OTHER PROPERTIES IN THE SAME DEVELOPMENT AND ACROSS THE STREET.

Motion Carried: 6-1
Motion Maker: Member Ibe (Yes: Cassis, Ghannam, Ibe, Krieger, Sanghvi, Wrobel)
(No: Bauer)

Scott Elliot of CB Richard Ellis representing Novi Expo Center is requesting to renew the ZBA07-100 variance to allow one 96 square foot oversize real estate leasing wall sign to be located on the building at 43700 Expo Center Drive for the Novi Expo Center. Property is zoned EXPO and is located south of I-96 and west of Novi 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 upon which the sign is located shall be a ground pole or portable sign 16 square feet in area not less than one-half the distance between the principal building and adjacent street and not higher than ten (10) feet."

IN CASE NO. 09-005 MOTION TO APPROVE THE REQUEST FOR THE VARIANCE AS SUBMITTED TO KEEP THE EXISTING SIGN FOR A PERIOD OF 1 YEAR FROM THE DATE OF THE VARIANCE. THE NATURE OF THE PROPERTY IS EXCEPTIONAL AND IS A VERY LARGE CENTER. A SMALLER SIGN WOULD NOT SERVE THE PROPERTY WELL. THESE FEATURES ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY AND REQUIRE THE SIGN THAT IS REQUESTED. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE MARKETING OF THE PROPERTY, WILL RESULT IN MORE THAN MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES, WILL RESULT IN SUBSTANTIAL JUSTICE BEING DONE TO BOTH THE APPLICANT AND ADJACENT OR SURROUNDING PROPERTIES, AND IS CONSISTENT WITH THE SPIRIT OF THE ORDINANCE.

Motion Carried: 7-1
Motion Maker: Member Ghannam

Scott Elliot of CB Richard Ellis representing Novi Expo Center is requesting to renew the ZBA07-100 variance to allow one 96 square foot oversize real estate leasing wall sign to be located on the building at 43700 Expo Center Drive for the Novi Expo Center. Property is zoned EXPO and is located south of I-96 and west of Novi 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 upon which the sign is located shall be a ground pole or portable sign 16 square feet in area not less than one-half the distance between the principal building and adjacent street and not higher than ten (10) feet."

IN CASE NO. 09-006 MOTION TO APPROVE THE SIGN RENEWAL FOR ONE YEAR. THE APPLICANT HAS SHOWN A PRACTICAL DIFFICULTY. HE HAS 3 LOTS AND 2 BUILDINGS AND IS AT 90 PERCENT OCCUPANCY AND WOULD NEED THE SIGN TO CONTINUE TO DO SO. GRANTING THIS REQUEST WOULD HELP THE APPLICANT AND THE CONDITION IS NOT SELF CREATED. FAILURE TO GRANT RELIEF WOULD UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN.

Motion Carried: 7-0
Motion Maker: Member Krieger

G. Michael Kahm of Singh Development, LLC representing Waltonwood at Twelve Oaks is requesting renewal of a variance to allow continued placement of a 41 square foot temporary leasing sign, 11 feet in height located at 27475 Huron Circle – Waltonwood. The property is zoned RM-1 and is located south of Twelve Mile Road and east of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) Sale, rental or lease sign which identifies the sale, rental, or lease of the residential property (other than multiple-family apartment complexes) are not to exceed sixteen (16) square feet in area nor more than ten (10) feet in height.

IN CASE NO. 09-007 MOTION TO GRANT THE VARIANCE. THE PETITIONER HAS SHOWN PRACTICAL DIFFICULTY CONSIDERING THE PRESENT ECONOMIC CLIMATE. WE GRANT THE PETITIONER A 1 YEAR EXTENSION OF THE VARIANCE. THE REQUEST IS BASED UPON CIRCUMSTANCES AND FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY OR THAT ARE SELF CREATED. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF THE RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES, WILL RESULT IN SUBSTANTIAL JUSTICE BEING DONE TO BOTH THE APPLICANT AND ADJACENT OR SURROUNDING PROPERTIES, AND IS CONSISTENT WITH THE SPIRIT OF THE ORDINANCE. THE PETITIONER MUST MEET AND DISCUSS WITH THE BUILDING DEPARTMENT THE POSSIBLY OF A MONUMENT SIGN ALTERATION.

Motion Carried: 7-0
Motion Maker: Member Ibe

Theresa Shiek, VP of Bistro of Grace, LLC is requesting a variance to permit the installation of a 36 seat restaurant area in the Basic Asian Market located at 25750 Novi Road – Suite 102 without installing any additional parking spaces as required by the Zoning Ordinance.　 The property is zoned TC-1 and is located on the east side of Novi Road, south of Main Street and north of the CSX railroad tracks.

CITY OF NOVI, CODE OF ORDINANCES, Section 2505.14.c. requires fast food sit down restaurants to provide a minimum on one parking space per 60 square feet of gross floor area or 1 space for every 2 employees and 1 space for every 2 occupants under maximum occupancy load, which ever is greater.　 The current retail space is requires one parking space for every 200 square feet of gross leasable floor area. 　The proposed restaurant use increases the parking space requirements by 14 spaces

IN CASE NO. 09-008 MOTION TO APPROVE THE VARIANCE AS THE SETBACK, FRONTAGE HEIGHT AND DENSITY REQUIREMENTS UNREASONABLY PREVENT THE USE OF THE PROPERTY FOR A PERMITTED USE. THE APPLICANT HAS STATED THAT IN 30 DAYS THAT SHE MIGHT HAVE TO LAY SOMEONE OFF AND SHE DOESN’T KNOW IF SHE WILL BE IN BUSINESS IN THE NEXT 90 DAYS. THE VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AND SURROUNDING PROPERTY OWNERS IN ZONING DISTRICT. THE CIRCUMSTANCES ARE UNIQUE TO THIS PROPERTY. NO INCREASE OF FIRE DANGER OR PUBLIC SAFETY WILL OCCUR. ADEQUATE LIGHT AND AIR IS PROVIDED TO ADJACENT PROPERTIES. PROPERTY VALUES WILL NOT BE DIMINISHED WITHIN SURROUNDING AREAS. THIS VARIANCE WILL GO WITH THIS BUSINESS. THE VARIANCE IS SPECIFICALLY FOR THE 14 PARKING SPACES AND NOT FOR THE RESTAURANT SEATING.

Motion Carried: 7-0
Motion Maker: Member Krieger

Boyne Country Sports is requesting a variance to allow a wall sign on the east elevation of the building located at 27782 Novi Road. The property is zoned RC and is located east of Novi Road and South of Twelve Mile Road.

Section 28-5 (3) "No building or parcel of land shall be allowed more than one (1) sign permitted under this section"

There are currently two (2) ground signs on the property, one approved by a Zoning Board of Appeals variance.

REQUESTED TO BE TABLED UNTIL APRIL 14, 2009 ZONING BOARD OF APPEALS MEETING

8. Case No. 09-010 47601 Grand River Avenue – Providence Park Hospital

SignGraphix is requesting a variance to erect a wall sign on the north elevation for Providence Park Hospital located at 47601 Grand River Avenue. The property is zoned OSC and is south of Grand River Avenue and west of Beck Road.

Section 28-5 (3) "…No building or parcel of land shall be allowed more than one (1) sign permitted under this section…."

Section 28-5 (2) b.1 (a) (ii) b. wall signs shall not exceed 250 square feet in area

REQUESTED TO BE TABLED UNTIL APRIL 14, 2009 ZONING BOARD OF APPEALS MEETING

CSFB 2001 – CP4 Haggerty Road is requesting a variance to allow a business center sign which contains the names of tenants located at 27175 – 27275 Haggerty Road – Novi Research Park. The property is zoned OST and is located west of Haggerty and south of Twelve Mile Road.

Section 28-1 (2) A business center sign identifies the name and/or logo of a multi tenant building and does not contain any additional information regarding individual businesses.

The proposed sign shows 3 panels to identify 3 separate businesses.

IN CASE NO. 09-011 MOTION TO APPROVE THE PETITION AS REQUESTED TO REPLACE THE FACES ON THE EXISTING SIGN TO IDENTIFY 3 SEPARATE BUSINESSES. CLEARLY THE UNIQUENESS OF THE SET UP OF 2 BUILDINGS IS EXCEPTIONAL TO THIS PARTICULAR PROPERTY GIVEN THE MULTI-TENANT SITUATION. CLEARLY THIS IS AN EXCEPTIONAL AND UNIQUE PROPERTY AND IT DOES NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY AND ARE SELF CREATED. THIS IS A SITUATION WHERE THE BANK INHERITED THE PROPERTY DUE TO UNFORTUNATE CIRCUMSTANCES. IT IS NOT DUE TO ANY ACTION BY THE LENDER. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES, WILL RESULT IN SUBSTANTIAL JUSTICE BEING DONE TO BOTH THE APPLICANT AND ADJACENT OR SURROUNDING PROPERTIES, AND IS CONSISTENT WITH THE SPIRIT OF THE ORDINANCE. I ALSO WOULD LIKE TO CONGRATULATE YOU AND HOPE THAT THESE TENANTS DO MOVE IN.

Motion Carried: 7-0
Motion Maker: Member Ghannam