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REGULAR MEETING – ZONING BOARD OF APPEALS CITY OF NOVI
Tuesday September 12, 2006 – 7:30 p.m
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call: Members Bauer, Canup, Fischer, Gatt, Krieger, Sanghvi and Shroyer

Pledge of Allegiance

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

Approval of Minutes – July 11, 2006

Public Remarks

1.    Case No. 06-061 filed by Bart Wingblad for Angela Hospice Annual Fundraiser/Benefit sign located on the northeast corner of Grand River and Beck Road

Bart Wingblad is requesting a variance to erect a 280 square foot illuminated fundraiser/benefit sign with additional decorative characters and lattice work measuring an additional 64 square feet for a total sign measurement of 344 square feet on the northeast corner of Grand River and Beck Road from September 13, 2006 through October 13, 2006.

NOVI CODE OF ORDINANCES Section 28-11 (a) states: “A sign not expressly permitted is prohibited.”

Applicant is requesting to erect an illuminated fundraiser/benefit sign on a vacant lot (Parcel #5022-16-176-016).

2.    Case No. 06-062 filed by the Synergy Group for DL Biotech located at 46430 Peary Court

Applicant is requesting two (2) variances for the construction of a twelve thousand (12,000) square foot office building located on Unit 26 in the Beck North Corporate Park, Phase I.  Applicant is seeking a variance of .67 acres for the allowance of front yard parking and a variance to the requirement for submitting a noise analysis.  Property is zoned I-1 and located north of West Road and west of West Park Drive. 

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

YARD AREA REQUIRED FOR FRONT YARD PARKING 
2 ACRES

YARD AREA PROPOSED FOR FRONT YARD PARKING
1.33 ACRES

VARIANCE REQUESTED
.67 ACRES

Applicant is requesting a variance to allow front yard parking on a site less than two acres in size.

NOVI CODE OF ORDINANCES: Section 2519 “Performance Standards”, Paragraph 10 (c) “Special Land Use Approvals” states the applicant shall submit a noise analysis and it shall be completed by a certified sound engineer competent to evaluate noise emissions under maximum operating conditions.

Applicant is requesting a variance to this standard based upon all equipment being housed within the building.

3.   Case No.06-063 filed by Richard Connor Riley & Associates for Metro PCS Michigan, Inc. located at 44170 Grand River Avenue

Applicant is requesting two (2) variances to install additional equipment at an existing communication tower located at 44170 Grand River Avenue.  Applicant is requesting a variance to the requirement of a face brick exterior equipment shelter building on all four sides and a 5.5-foot rear yard variance for the structure.  The property is located on the North side of Grand River between Taft and Novi Roads.

NOVI CODE OF ORDINANCES:  Section 2508.1 (g) requires that equipment shelter buildings shall be constructed of face brick on all sides with a gable roof in addition to compliance with standards in Section 2520.

Applicant would like to install a metal equipment cabinet and exposed equipment that is not an approved material.

NOVI CODE OF ORDINANCES:  Section 2503.2 (a) requires accessory structures to meet a six (6) foot setback from the rear property.

REQUIRED REAR YARD SETBACK                               6             FEET

PROPOSED REAR YARD SETBACK                                 .5          FEET

VARIANCE REQUESTED                                  5.5          FEET

Applicant is requesting two (2) variances for the installation of equipment at an existing communication tower.

4.    Case No. 06-064 filed by William & Tracy Slobin of 26484 Mandalay Ct. in Asbury Park

Applicant is requesting a 6.5 ft. aggregate side yard setback variance for the required minimum aggregate of the two side yards for the property located at 26484 Mandalay Ct.   Applicant is proposing to build a deck with screened in porch enclosure.  Property is zoned R-1 and located north of Eleven Mile Road between Taft and Beck Road

NOVI CODE OF ORDINANCES:  ARTICLE 24; Section 2400, “Schedule of Regulations” require a minimum aggregate setback of two (2) side yards at forty (40) feet.

REQUIRED AGGREGATE OF BOTH SIDE YARDS         40    FEET

PROPOSED AGGREGATE OF BOTH SIDE YARDS       33.5 FEET

VARIANCE REQUEST                                                    6.5 FEET

Applicant is requesting an aggregate side yard variance to build a deck with a screened in porch.

5.    Case No. 06-065 filed by Athir Y. Yousif of Beech-Beck Properties LLC for Lot 62 Pioneer Meadows Strath Haven Drive

Athir Y. Yousif of Beech-Beck Properties is requesting five (5) variances for the construction of a new home on Lot 62, Pioneer meadows Subdivision, Strath Haven Drive.  Applicant is requesting a five (5) foot front yard setback variance, a ten (10) foot rear yard setback variance for the house with a nine foot seven inch (9’ 7”) rear yard setback for the bay window, a five (5) foot minimum side yard setback variance and a seven (7) foot aggregate setback variance for the aggregate of both side yards.   Property is zoned R-A and located east of Beck Road and south of Eleven Mile Road.

NOVI CODE OF ORDINANCES:  ARTICLE 24; Section 2400, “Schedule of Regulations” requires a forty-five (45) foot front yard setback, a fifty (50) foot rear yard setback, a minimum side yard setback of twenty (20) feet and an aggregate side yard setback of fifty (50) feet of two side yards.

REQUIRED FRONT YARD SETBACK                                              45 FEET

PROPOSED FRONT YARD SETBACK                                              40 FEET

VARIANCE REQUESTED                                                                 5 FEET

REQUIRED REAR YARD SETBACK 
50 FEET

PROPOSED REAR YARD SETBACK
40 FEET

VARIANCE REQUESTED                                                                  10 FEET

REQUIRED MINIMUM SIDE YARD SETBACK 
20 FEET

PROPOSED MINIMUM SIDE YARD SETBACK  
15 FEET

VARIANCE REQUESTED  
5 FEET

REQUIRED AGGREGATE SETBACK TWO SIDE YARDS
50 FEET

PROPOSED AGGREGATE SETBACK TWO SIDE YARDS
43 FEET

VARIANCE REQUESTED
7 FEET

NOVI CODE OF ORDINANCES:  Section 2908 “Projections into Yards” states that bay windows, chimneys, cantilevered floors and other vertical projections of up to ten (10) feet in length and not occupying more than thirty (30) percent of the length of the wall on which they are located…may project into the required rear yard not more than three (3) feet.

REQUIRED REAR YARD SETBACK
47 FEET

PROPOSED REAR YARD  SETBACK
37 FEET 5 INCHES

VARIANCE REQUESTED  
9 FEET 7 INCHES

Applicant is requesting front, rear, side and aggregate yard setbacks to build a new home.

6.   Case No.06-066 filed by Milton D. Jennings of Barton Malow-White Joint Venture for Providence Hospital located at 47601 Grand River Avenue

Applicant is requesting one (1) sign variance to erect an additional construction identification sign located at 47601 Grand River. The property is zoned OSC and is located on the south west corner of Grand River and Beck Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (1) states: Only one (1) Construction identification sign which identifies the name of the project developers, contractors, engineers and architects on a site being developed will be permitted.

Applicant is requesting an additional construction identification sign for Providence Hospital.

7.   Case No. 06-067 filed by Tony Nofar of Novi Fine Wine located at43340 West 10 Mile Road

Applicant is requesting two (2) wall sign variances located at 43340 W. Ten Mile Road.

Variance One Includes:

Sign (a) 11.66    square feet: “CIGARS”

Sign (b) 16        square feet: “PIZZA MARVELOUS”

Sign (c) 11.85    square feet: “LIQUOR”

Sign (d) 17        square feet: “NOVI FINE WINE”

Sign (e) 9.975    square feet: “LOTTO”

Variance Two Includes:

Twelve (12) 2.67 square foot limestone wall signs {(7) located on south side and (5) located on east side of building}

And

One (1) additional 22 square foot grapevine arch sign located above the main entrance on the south side of the building.

 The property is zoned B-3 and is located on the north east side of Ten Mile and Novi Roads.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) (2) (e) states: no building or parcel of land shall be allowed more than one (1) sign permitted.

Applicant is requesting two (2) variances to erect multiple wall signs.

8.   Case No. 06-068 filed by Planet Neon for voestalpine/Polynorm located at 44700 Grand River

Applicant is requesting one (1) sign variance to erect a 21.2 square foot wall sign located at 44700 Grand River. The property is zoned I-2 and located north of Grand River between Taft and Novi Roads.

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.

Applicant is requesting an additional wall sign for identification.

9.    Case No. 06-069 filed by Michael Yamada of Colliers International for 26800 Meadowbrook Road

Applicant is requesting a renewal of one (1) sign variance for a 60 square foot real estate leasing sign located at 26800 Meadowbrook Road. The property is zoned OST and located on the southeast corner of Twelve Mile and Meadowbrook Roads.

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.

Applicant is requesting a renewal of the Colliers International corporate leasing sign for Meadowbrook Corporate Park.

10.   Case No. 06-071 filed by Howard Campbell of Home Depot located at 47950 Grand River in the West Market Square

Howard Campbell of the Home Depot is requesting a Temporary Use Permit to allow a rug event tent sale in the parking lot of the Home Depot store located at 47950 Grand River (Westmarket Square development) from September 15, 2006 through October 2, 2006. The property is zoned B-2 and located west of Beck Road and north of Grand River.

Applicant is requesting a Temporary Use Permit for a rug event parking lot tent sale.

CITY OF NOVI, CODE OF ORDINANCES, Section 3004, “Temporary Use Permits” states:

“The Building Official or his designee, shall have the power to grant permits authorizing temporary special land uses for …tent sales… where permitted.”

11.   Case No. 06-072 41730 Crane Way filed by Singh Homes Building Com. LLC for 41730 Crane Way Lot 84 Tollgate Woods Subdivision No. 2

Singh Homes Building Company LLC is requesting a renewal of a Temporary Use Permit for the placement of a temporary construction trailer on Lot 84 of Tollgate Woods located west of Meadowbrook Road and north of Twelve Mile Road at 41730 Crane Way from September 13, 2006 through September 13, 2008.

CITY OF NOVI, CODE OF ORDINANCES, Section 3004 (3), “Temporary Use Permits” states:  “The Building Official, or his designee, shall have the power to grant permits authorizing temporary special land uses for…temporary buildings…not to exceed two (2) years in undeveloped sections of the City.

Applicant is requesting a Temporary Use Permit for a construction trailer.

OTHER MATTERS

1. ZBA06-073 27000 Sheraton Crowne Plaza – Mock sign discussion

2.  ZBA06-91-15A-B Bosco – Discussion of violation notice

3.  2007 ZBA Proposed Meeting Date Calendar