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

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

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 – September 13, 2005 and October 4, 2005

Public Remarks - none

1. Case No. 05-087 filed by Harmon Sign Inc. d/b/a Planet Neon for 46404/46408/46410 Grand River which is located on the north side of Grand River between Taft Road and Beck Road.

Harmon Sign Inc. d/b/a Planet Neon is requesting two (2) sign variances for two (2) ground signs to be installed on one parcel of land for 46404/46408/46410 Grand River.

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

The applicant is requesting permission to erect two ground signs measuring six (6) feet by five (5) feet with a total of thirty (30) square feet and three (3) feet six (6) inches by three (3) feet six (6) inches with a total of seven (7) square feet .

MOTION: IN CASE NO. 05-087 GRANT THE REQUEST OF THE APPLICANT FOR BUSINESS IDENTIFICATION PURPOSES DUE TO THE WIDTH OF GRAND RIVER, THE SETBACKS OF THIS PARTICULAR BUSINESS AND WITH THE CONDITION THAT THE CURRENT SIGN BE REMOVED.

2. Case No. 05-088 filed by NorthStar Signs, Inc. for real estate sign for Cushman & Wakefield located at 39525 Thirteen Mile Road.

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 at 39525 Thirteen 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

MOTION: IN CASE NO. 05-088 THE PETIONER’S REQUEST FOR A VARIANCE BE MODIFIED TO A TOTAL SQUARE FOOTAGE OF TWENTY-FOUR (24) SQUARE FEET AND A TOTAL HEIGHT OF FIVE (5) FEET FOR SUFFICIENT VISIBILITY AND IDENTIFICATION AND THAT NO PRACTICAL DIFFICULTY HAS BEEN ESTABLISHED FOR THE REQUESTED HEIGHT. THE VARIANCE IS APPROVED FOR ONE (1) YEAR.

3. Case No. 05-090 filed by Christopher Cagle for Glenda’s Market at 40575 Grand River Avenue

Mr. Cagle is requesting a variance for the continuance to allow outdoor storage of landscape material on a vacant parcel of land west of 40575 Grand River Avenue, Sidwell 5022-24-301-011. Property is zoned OS-1 and located east of Meadowbrook Road and south of Grand River Avenue.

CITY OF NOVI, CODE OF ORDINANCES, Section 1101, "Principal Uses Permitted" prohibits outdoor storage in an OS-1 Zoning District.

Applicant is requesting the storage of landscape materials on the abutting leased property in an OS-1 Zoning District.

MOTION: IN CASE NO. 05-090 FILED BY CHRIS CAGLE FOR GLENDA’S MARKET THAT THE REQUEST BE GRANTED FOR THE STORAGE OF LANDSCAPE MATERIALS ON THE ABUTTED LEASED PROPERTY WHICH IS OS-1 ZONING DISTRICT FOR ONE YEAR WITH THE FOLLOWING AMENDMENTS FOR THE PETITIONER TO FOLLOW-UP ON.

THE FENCE WILL BE EXTENDED TO THE WEST OF THE PROPERTY.

A MAINTENANCE PROGRAM BE DEVELOPED, POSTED AND FOLLOWED THROUGHOUT THE NEXT YEAR.

THE WILLOWBROOK ASSOCIATION WILL BE NOTIFIED OF THE MAINTENANCE PROGRAM SO THEY ARE ABLE TO CONTACT THE PETITIONER.

THE AMOUNT OF TREES ON THE PROPERTY BE CONTINUED TO BE REDUCED OVER THE NEXT YEAR.

THE PETITIONER WILL REPORT BACK TO THE ZBA IN TWELVE MONTHS UNLESS ANY VIOLATIONS ARE POSTED OR FILED AGAINST THIS PETITIONER. IF SO, THE PETITIONER IS TO COME BACK IN FRONT OF THE ZBA IMMEDIATELY.

PETITIONER MUST MAINTAIN THE AGREEMENT WITH THE HOMEOWNERS ASSOCIATION.

PETITIONER MUST MAINTAIN THE TWO CONDITIONS IN THE LETTER DATED OCTOBER 8, 2004 THAT STATES:

A. THE PROPERTY IS TO BE DEVELOPED IN COMPLIANCE WITH THE SITE PLAN SUBMITTED ON SEPTEMBER 28, 2004.

B. COMPLIANCE WITH ALL THE CONDITIONS OF THE JULY 21, 2004 AGREEMENT WITH WOILLOWBROOK FARM HOMEOWNERS.

PETITIONER MUST REPAIR THE RAILINGS OF THE FENCE THAT HAVE FALLEN OUT.

4. Case No. 05-091 filed by Bright Star, Inc. for Gus O’Connor’s Irish Pub located at 42875 Grand River located east of Novi Road and north of Grand River.

Bright Star, Inc. is requesting one (1) sign variance for a wall sign to be installed for Gus O’Connor’s Irish Pub located at 42875 Grand River.

CITY OF NOVI, CODE OF ORDINANCES, 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…"

The applicant is requesting permission to erect an additional wall sign measuring 164"w x 57"h with a total of 64.92 square feet.

MOTION: IN CASE NO. 05-091 FILED BY BRIGHT STAR FOR GUS O’CONNOR’S IRISH PUB, MOVE THAT WE APPROVE THE REQUEST FOR THE SIGN ON GRAND RIVER WITH THE CONDITION THAT THE PETITIONER REMOVE THE CURRENT GUS O’CONNOR’S GOLD SIGN OVER THE DOOR BASED ON THE TESTIMONY GIVEN THIS EVENING BY THE PETITIONER, CONFIRMATION OF THE SIZE OF SIGN AS INDICATED BY THE ORDINANCE DIVISION AND THAT THE PETITIONER HAS SUBSTANTIATED PROOF FOR PROPER IDENTIFICATION OF THE BUILDING TO INCREASE BUSINESS.

Other Matters

Election of Vice Chairman – Mav Sanghvi appointed