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ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, March 1, 2005 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call Members Present: Bauer, Brennan, Fischer, Gronachan, and Sanghvi

Members Absent Excused: Canup

Rules of Conduct:

  1. Please turn off pagers and cell phones during the meeting.
  2. Each person desiring to address the Board shall state his / her name and address.
  3. Individual persons shall be allowed five (5) minutes to address the Board, an extension of time may be granted at the discretion of the Chairperson.
  4. There shall be no questioning by the audience of the persons addressing the Board; However, the Board members may question that person with recognition of the Chairperson.
  5. No person shall be allowed to address the Board more than once unless permission is granted by the Chairperson.
  6. One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Approval of Agenda - approved

Approval of Minutes – February 1, 2005 - approved

Public Remarks - none

1. Case No. 05-002 filed by Paul Deters from Metro Detroit Signs for Discount Tire located at 42990 Grand River.

Case No. 05-002 was tabled at the February 1, 2005 ZBA meeting to the March 1, 2005 ZBA meeting for additional information.

Mr. Deters of Metro Detroit Signs is requesting one sign variance to inst all a 5ft high x 8ft wide internally illuminated ground sign to be located on the left of the property entrance with a setback distance of 50 ft.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a3 states: "Placement: Ground signs shall not be placed less than sixty-three (63) feet from the centerline of a thoroughfare…"

63’ setback from centerline of Grand River required

50’ setback requested

13’ setback variance required

MOTION: In respect to Case No. 05-002 move that petitioner’s request be granted due to site identification as well as the petitioner has established that the proposed improvement will increase public safety and welfare and with the condition that the wall sign comes down.

2. Case No. 05-003 filed by Amy Davenport of ASI-Modulex for Telcom Credit Union at 45175 Twelve Mile between Novi Rd. and Beck Road.

Case tabled by board to the March 1, 2005 ZBA meeting. Case tabled by the request of the applicant from the March 1, 2005 ZBA meeting to the April 5, 2005 ZBA meeting.

Ms. Davenport of ASI-Modulex Sign Company is requesting one sign variance to erect a third sign at Telcom Credit Union at 45175 Twelve Mile Road between Novi Road and Beck Road. The property is zoned OST. There are currently two (2) ground signs on the parcel. The additional ground sign was approved by ZBA Case No. 03-016.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states: "No building or parcel of land shall be allowed more than one (1) sign permitted under this section…"

The applicant is requesting permission to erect an illuminated wall sign that reads Telcom Credit Union measuring 41.5 Ft. in length and 3 Ft. in height with a total of 124.5 Sq. Ft.

3. Case No. 05-006 filed by Bill Thomas of Tony V’s Sunroom and Spas for Elizabeth & Guy Wade for residence at 46654 Cidermill.

Bill Thomas with Tony V’s Sunrooms and Spas is requesting a one (1) foot rear yard setback variance for the construction of a 12’ x 22’ foot sunroom enclosure located at 46654 Cider Mill Road, Lot 42, Roma Ridge Subdivision. Property is zoned R-4 and located north of Ten Mile Road and east of Beck Road.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum rear yard setback of thirty-five (35) feet in an R-4 zoning district.

REQUIRED REAR YARD SETBACK 35 FEET

PROPOSED REAR YARD SETBACK 34 FEET

VARIANCE REQUESTED 1 FOOT

MOTION: In respect to Case No. 05-006 that petitioner’s request be granted because of unusual lot configuration.

4. Case No. 05-007 filed by Tim Schaefer of Galaxy Sign and Hoisting for Party America at 43741 Oaks Drive.

Mr. Schaefer of Galaxy Sign and Hoisting is requesting one (1) sign variance to allow a logo in the store front signage.

CITY OF NOVI, Zoning Board of Appeals Case #846D/1-10 states: "that the requested blanket variance is granted on size of signs, limited to signs with individual back lit lettering containing store name only. Logos, products, etc. are prohibited…"

The applicant is requesting permission to allow a logo in the store front signage.

MOTION: In respect to Case No. 05-007 that petitioner’s request be granted for this petitioner only.

5. Case No. 05-008 filed by Don and Dusta Bojovic for 185 Maudlin.

Don and Dusta Bojovic are requesting four (4) variances for the construction of a new home located at 185 Maudlin. Applicant is requesting an 11.63 foot front yard setback variance, an 18.87 foot rear yard setback variance, a 2.94 foot rear property line width variance and a 494 square foot variance for lot area requirement. Property is zoned R-4 and is located south of South Lake Drive and east of West Park Drive.

NOVI CODE OF ORDINANCES: ARTIICLE 24, Section 2400, "Schedule of Regulations" requires a thirty (30) foot front yard setback requirement and a thirty-five (35) foot rear yard setback requirement in an R-4 zoning district.

REQUIRED FRONT YARD SETBACK 30 FEET

PROPOSED FRONT YARD SETBACK 18.37 FEET

VARIANCE REQUESTED 11.63 FEET

REQUIRED REAR YARD SETBACK 35 FEET

PROPOSED REAR YARD SETBACK 16.13 FEET

VARIANCE REQUESTED 18.87 FEET

NOVI CODE OF ORDINANCES: Section 2502, Paragraph (2)"Nonconforming Lots" require a sixty (60) foot rear lot line and a six thousand (6,000) square foot lot area.

REQUIRED REAR LOT WIDTH 60 FEET

PROPOSED REAR LOT WIDTH 57.06 FEET

VARIANCE REQUESTED 2.94 FEET

REQUIRED LOT AREA 6,000 SQUARE FEET

PROPOSED LOT AREA 5,505 SQUARE FEET

VARIANCE REQUESTED 495 SQUARE FEET

MOTION: In respect to Case No. 05-008 that the variances requested by the applicant be granted because of the lot configuration.

6. Case No. 05-009 filed by David Love of Novi Meadowbrook, L.P. for Meadowbrook Townhomes at 29444 Weston Drive.

Dave Love of Novi Meadowbrook, L.P. is requesting one (1) sign variance to erect an additional ground sign for the second phase of development. The proposed corner sign is located south of Thirteen Mile Road and west of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(1) states:

"….construction identification signs - one (1) sign per site allowed under this section..."

The applicant is requesting permission to erect a third ground sign measuring 7’4" x 4’. There are already two (2) construction identification signs on the property per consent judgment.

MOTION: In respect to Case No. 05-009 move that the petitioner’s request for an extension of the sign be granted for a period of eighteen (18) months from tonight for the purpose of selling out the development.

7. Case No. 05-011 filed by Paul Knuth of Ivanhoe Huntley Companies for Wellington Ridge Condominiums located on Twelve Mile Road between Meadowbrook and Novi Road.

This case has been tabled by the Board to the April 5, 2005 ZBA meeting.

Petitioner is requesting a use variance to construct a Multiple Family use known as Wellington Ridge Condominiums of Novi, in an OS1 and RA Zoning District. Proposed project is a sixty-four (64) unit multiple development located north of Twelve Mile Road and east of Novi Road. Applicant is seeking a use variance pursuant to Section 3104.1 and Section 3104.1b of the Novi Code of Ordinances.

NOVI CODE OF ORDINANCES: Section 3104.1 states that the Zoning Board of Appeals shall have the power to authorize a use in a zoning district in which it is not otherwise permitted, provided it is clearly shown that the land cannot be used for a zoned use.

Applicant is requesting Multiple Family use in an OS1 and RA Zoning District

NOVI CODE OF ORDINANCES: Section 3104.1b states that the Zoning Board of Appeals shall have the power to authorize, upon an appeal, a variance from the strict application of the provisions of this Ordinance where by reason of exceptional narrowness, shallowness, shape or area of specific piece of property at the time of enactment of this Ordinance or by reason of exceptional topographical conditions or other extraordinary conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to or exceptional undue hardship upon the owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Ordinance.

Applicant has submitted a Conceptual Plan dated 02-22-03 and a Wellington Ridge PRO application packet.

8. Case No. 05-012 field by Mary Czarnecki of Northstar Signs for Cushman and Wakefield at 41441-41651 W. Eleven Mile Road.

This case has been tabled by the Board to the April 5, 2005 ZBA meeting. The applicant did not appear at the March 1, 2005 meeting.

Ms. Czarnecki of NorthStar Signs, Inc. is requesting two (2) sign variances to erect a ground real estate sign for Cushman & Wakefield. The sign is to be located on vacant property (Sidwell # 5022-23-220-036) at 41441-41651 West Eleven Mile Road.

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: 36 square feet

Permitted: 6 square feet

Variance needed: 30 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: 8 feet

Permitted: 5 feet

Variance needed: 3 feet

9. Case No. 05-013 filed by Richard Kiekens for residence at 29072 Eastman Trail

Mr. Richard Kiekens is requesting a three percent (3%) lot coverage variance for the construction of screen room to be located on an existing deck located at the rear of the home at 29072 Eastman Trail, Lot 28, Tollgate Ravines. Property is zoned R-A and is located south of Thirteen Mile Road and west of Meadowbrook Road.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a maximum lot coverage of twenty-five percent (25%) in a residential district.

MAXIMUM LOT COVERAGE PROPOSED 28%

MAXIMUM LOT COVERAGE REQUIRED 25%

VARIANCE REQUESTED 3%

MOTION: In respect to Case No. 05-013 move that the petitioner’s request be approved for the purpose of enjoying the outdoor elements as well as the health issues of the applicant.

10. Case No. 05-014 filed by Colliers International for property located at 41200-41218 Bridge Street

Rob Hughes of Colliers International is requesting two (2) sign variances to erect a temporary real estate sign to be located at 41200 and 41218 Bridge Street, south of I-96 and east of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(3) "Temporary real estate signs" states that the maximum square footage allowed is 6.

Requested: 24 square feet

Allowed: 6 square feet

Variance requested: 18 square feet

CITY OF NOVI, CODE OF ORDINANCE, Section 28-7(3) "Temporary real estate signs" states that the maximum height allowed is 5 feet.

 

Requested: 7 Feet

Allowed: 5 Feet

Variance requested: 2 feet

MOTION: In respect to Case No. 05-014 approve the petitioner’s request for a twenty-four (24) square foot sign, seven (7) feet in height, taking the one six (6) foot by eight (8) foot out of the equation, due to visibility, site identification and that this is the minimal variance requested. The approval is granted for a time period of eighteen (18) months from tonight.

Other Matters:

1. Election of officers at April 5, 2005 ZBA meeting.

 

Meeting adjourned at 9:02 p.m.