REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday – December 6, 2005 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call Members Bauer, Canup, Fischer, Gronachan, Krieger and Sanghvi

Ms. Patti Krula of Metro Detroit Signs is requesting four (4) sign variances to erect a monument sign in addition to a wall sign for Huntington Bank located at 27250 Wixom Road which is located south of Grand River and north of Eleven Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "No parcel of land shall be allowed more than one (1) sign permitted under this section.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2 states: "Height regulations – ground signs

7’ 4" Requested

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (a)3 states: "Placement Regulations"

63’ Setback from center line of Wixom Road required

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (a)1 states: "Area Regulations"

37.75 square feet requested

2. Case No. 05-093 filed by Graham Clements Management for Parcel A (1.69

Graham Clements Management is requesting a ten (10) foot parking setback variance for proposed Parcel A (1.69 Acres) and a ten (10) foot parking setback variance for proposed Parcel B (1.94 Acres) of Lots 8,9,10 & 11 of Novi Industrial Subdivision. Applicant is requesting a parcel split (Parcel # 22-35-127-019) that contains two (2) existing buildings, a shared access and parking lot. Property is zoned I-1 and located south of Nine Mile Road and west of Ashbury Drive.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum parking setback of ten (10) feet in an I-1 zoning district.

REQUIRED PARKING SETBACK (PARCEL A) 10 FEET

VARIANCE REQUESTED 10 FEET

REQUIRED PARKING SETBACK (PARCEL B) 10 FEET

VARIANCE REQUESTED 10 FEET

Pulte Land Development is requesting a variance to allow the placement of a swimming pool, pool house and tot lot within a front yard of a through lot located at 28300 Declaration Drive between Declaration Drive and Gwinett Loop at the Townes of Liberty Park, Pulte Land Development Corporation’s Liberty Park Project. Property is zoned R-A, Residential Acreage with Consent Judgment and is located in the multiple portion of the property north of Twelve Mile and west of Dixon Road.

NOVI CODE OF ORDINANCES: Section 2503, Paragraph 1, B states that accessory buildings/structures shall not be erected in any required front yard or in any required exterior side yard.

Applicant requests placement of a swimming pool, pool house and tot lot within a front yard.

Mr. Knipper is requesting one sign variance to allow a business center sign for Albers Commerce Center located at 45283 Grand River, which is east of Taft Road and south of Grand River.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-1(1) states:

"Business center sign means a sign which identifies the name and/or logo of a business center and which does not contain any information regarding individual stores, services, businesses, institutions, organizations or industries located within the planned complex or contiguous stores."

Mr. Robert Gardner is requesting four (4) variances for the construction of a new home located at 1533 West Lake Drive. Applicant is requesting a north side yard setback of nine (9) feet, a south side yard setback of four (4) feet, a combined total side yard setback of thirteen (13) feet and a lot coverage variance of three percent (3%). Property is zoned R-4 and located east of West Park Drive and south of Pontiac Trail.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with a combined side yard setback total of twenty-five (25) feet and a maximum lot coverage of twenty-five percent (25%)

REQUIRED SIDE YARD SETBACK (NORTH) 15 FEET

VARIANCE REQUESTED 9 FEET

REQUIRED SIDE YARD SEBACK (SOUTH) 10 FEET

VARIANCE REQUESTED 4 FEET

REQUIRED TOTAL OF BOTH SIDE YARDS 25 FEET

VARIANCE REQUESTED 13 FEET

PROPOSED LOT COVERAGE 28 %

VARIANCE REQUESTED 3 %

Mr. Dennis Miller of Flagstar Bank is requesting two (2) variances for construction of a Flagstar Bank branch located at 39900 Eight Mile Road. Applicant is seeking a variance of 1.131 acres for the allowance of front yard parking and a seven (7) foot variance to accommodate stacking space and an emergency escape lane on the eastern side yard setback. Property is zoned OSC and located on the northeast corner of Eight Mile Road and Orchard Hill Road.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, subparagraph h (1) "Schedule of Regulations" states that no off street parking shall be allowed in a front yard of an OSC District unless a parking area serves a development of two (2) acres in size.

YARD AREA REQUIRED FOR FRONT YARD PARKING 2 ACRES

VARIANCE REQUESTED 1.131 ACRES

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum parking setback of twenty (20) feet on the eastern side yard.

REQUIRED MINIMUM PARKING SETBACK 20 FEET

VARIANCE REQUESTED 7 FEET

Mr. Todd Smith of Thompson Brown is requesting an extension of a variance approval previously granted to Signature Associates for two (2) sign variances to erect one oversized real estate sign at the site of the present Novi Expo Center located at 43700 Expo Center Drive located west of Novi Road and north of Grand River just south of I-96 Expressway.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Residential business sale, rental or lease sign shall be 6 (six) area square feet..."

Requested: 64 square feet

Permitted: 6 square feet

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Residential business sale, rental or lease sign shall not be higher than five (5) feet."

Requested: 12 feet

Permitted: 5 feet

Variance: 7 feet

Mr. Rino Soave of Soave Corp. Novi, LLC is requesting two (2) variances for the construction of the Pinebrook Professional Building located in Section 24 at the southeast corner of Grand River Avenue and Joseph Drive. Applicant is requesting a lot area variance of .8 Acres and a front yard setback variance of thirteen (13) feet. Subject property is 1.2 Acres and zoned NCC. Applicant is proposing to build a 7,992 square foot one story office building.

NOVI CODE OR ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a forty (40) foot front yard setback with a minimum lot area of 2 Acres.

REQUIRED FRONT YARD SETBACK 40 FEET

VARIANCE REQUESTED 13 FEET

REQUIRED LOT AREA 2 ACRES

VARIANCE REQUESTED .8 ACRES

Mr. Hicks is requesting three (3) sign variances to allow two (2) wall signs and one (1) ground sign for National City Bank located at 48648 Grand River, which is east of Wixom Road and on the north side of Grand River.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3) states:

"Number of on premises advertising signs – no building or parcel of land shall be allowed more than one (1) sign permitted under this section…."

10. Case No. 05-101 filed by Thomas Spirl with Mahle Powertrain LLC. at 41000 Vincenti Court. Property is zoned I-1 and located north of Grand River Avenue and east of Meadowbrook Road.

Mr. Spirl is requesting the placement of two (2) above ground fuel storage tanks (1000 gallons each) to be located at the rear of the building without screening at 41000 Vincenti Court. Applicant is requesting the two additional above ground fuel storage tanks to support diesel engine testing programs. Property is zoned I-1 and located north of Grand River Avenue and east of Meadowbrook Road.

NOVI CODE OF ORDINANCES: Section 1905.1b(2), states that the following use may be conducted outside a completely enclosed building: Outdoor placement of an above ground storage tank of not more than a six-hundred gallon (600) capacity where outdoor placement is necessary for compliance with Chapter 15 (Fire Prevention and Protection) of the Novi Code of Ordinances. All such tanks shall be enclosed or screened from public view.

Applicant is requesting two (2) above ground 1000 gallon capacity diesel storage tanks located approximately fifteen (15) feet from the rear of the building. The tanks are not screened from public view.

Mr. Rathert is requesting a forty (40) foot south setback variance for the construction of an addition to the existing Marshall Field’s store located at Twelve Oaks Mall. Property is zoned RC, Regional Center District and located south of Twelve Mile Road and east of Novi Road.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum yard setback of one hundred (100) feet from the front, side and rear property lines.

MINIMUM REQUIRED YARD SETBACK (SOUTH) 100 FEET

VARIANCE REQUESTED 40 FEET

Mr. Eggert is requesting three (3) variances for the expansion of Twelve Oaks Mall, an addition to Marshall Field’s, new construction of a Nordstrom department store and a new parking lot area of 450 spaces. Applicant is a seeking a forty (40) foot height variance for the maximum height of a light fixture adjacent to a residential use, a variance to exceed the maximum ratio of 4:1 for average light levels for parking lot lighting and variance to the requirements for irrigation for certain landscaped islands as shown in Exhibit B. Property is zoned RC, Regional Center District and located south of Twelve Mile Road and east of Novi Road.

NOVI CODE OF ORDINANCES: Section 2511.3.a, states for lighting adjacent to residential districts light fixtures shall not be mounted in excess of twenty-five (25) feet above grade.

PROPOSED HEIGHT OF LIGHTING FIXTURE 65 FEET

VARIANCE REQUESTED 40 FEET

NOVI CODE OF ORDINANCES: Section 2511.3.e, states that the ratio of the average light level of the surface being lit to the lowest light of the surface being lit, measured in foot-candles, shall not exceed a 4:1 ratio.

Applicant is requesting to exceed the 4:1 ratio of the average light level.

NOVI CODE OF ORDINANCES: Section 2509.2 requires that all landscape areas be irrigated. (Refer to Landscape Design Manual – Supplemental Requirements and Procedures, Paragraph 2s – Landscape Plan Requirements.

Applicant is requesting a variance to the Landscape Islands Irrigation requirement as shown in Exhibit Drawing B, all of Area B and portions of Area C.

Mr. Carroll is requesting one sign variance to allow an additional identification wall sign for Games Workshop located at 27793 Novi Road, which is west of Novi Road and south of Twelve Mile Road.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3)d. states:

"…each separately owned and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign…"

Mr. Ash of NorthStar Signs, Inc. is requesting an extension of two (2) sign variances to erect a ground real estate sign for Cushman & Wakefield. The sign is to be located on vacant property (Sidwell # 5022-13-351-003) east of Meadowbrook Road, north of Bridge Street and facing the I-96 Expressway.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..."

Requested : 64 square feet

Permitted: 16 square feet

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet."

Requested: 10 feet

Permitted: 5 feet

Variance needed: 5 feet

Kam Ruwe of Singh Development representing Waltonwood at Twelve Oaks is requesting sign extension variances for two (2) marketing signs. Sign A is located in front of the Waltonwood development on Huron Circle Drive. Sign B is located on Twelve Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (1) states that the maximum permit duration is: …"valid until issuance of last certificate of occupancy or for a period of twelve (12) months, whichever occurs first."