ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS
CITY OF NOVI
Tuesday, April 4, 2006, 2006 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

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

Planet Neon Signs is requesting one (1) sign variance to allow placement of window graphics at Roche Bobois at 43223 Twelve Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-8(14)c states: "The following types of signs shall be permitted in all districts where the principal use to which they are related is permitted by Appendix A, "Zoning Ordinance," as amended….Business signs displayed through building glass area, where such sign…contains a message referring to current, temporary merchandising or promotional activities such as a sale..."

IN CASE NO. 06-007 TO APPROVE SIGN A, WHICH IS THE ENTRANCE OF THIS BUILDING. PERCENTAGE OF THIS SIGN IS 17.1%. BASED ON THE DISCUSSION AT THIS TABLE AND ALSO THE PREVIOUS MINUTES FROM THE PREVIOUS MEETING OF FEBRUARY OF 2006, THE PETITIONER HAS SUBSTANTIATED A NEED FOR THIS SIGNAGE BASED ON IDENTIFYING EXCLUSIVELY THIS BUSINESS AT THIS LOCATION ONLY. THERE IS MINIMAL IMPACT ON PASSING TRAFFIC AND THE PETITIONER HAS SUBSTANTIATED THE DIFFICULTY IN IDENTIFYING THE SPECIFIC ITEMS THAT THIS PARTICULAR BUSINESS SELLS AND THEREFORE HAS DEMONSTRATED THE NEED FOR DISPLAYING SUCH SIGN SINCE FURNITURE CANNOT BE SUSPENDED IN AIR WITHOUT A BETTER EXPLANATION. THIS WOULD BE IN PLACE OF ANY AND ALL FUTURE SIGNAGE WITHIN THE ENTIRE BUILDING INCLUDING ANY OTHER TEMPORARY SIGNS.

IN CASE NO. 06-007 TO APPROVE SIGN B BASED ON THE PREVIOUS INFORMATION DISCUSSED AND SO STATED IN MOTION FOR SIGN A, AGAIN, THE SAFETY CONCERNS ARE BASICALLY NONEXISTENT DUE TO THE DISTANCE AND LOCATION OF THE BUILDING FROM THE SIDE STREET (THE SPEED IS 10 – 15 MILES ON THIS STREET) AND POSE NO EXISTING THREAT. THE PERCENTAGE OF THE WINDOW COVERAGE BE 25%, THERE WOULD BE NO OTHER ADDITIONAL TEMPORARY SIGNS FOR THIS WINDOW OR ANY WINDOW ON THE ENTIRE BUILDING.

IN CASE NO. 06-007 TO DENY SIGN C BASED ON THE INFORMATION DISCUSSED AT THIS TABLE, SPECIFICALLY WITH THE TRAFFIC SAFETY CONCERNS AS PRESENTED BY OTHER MEMBERS AT THIS TABLE THIS EVENING. IT WOULD NOT ADD TO FURTHER IDENTIFYING THE BUILDING SINCE THERE IS AN IDENTIFICATION NAME SIGN ON THIS BUILDING ALREADY.

Novi Urgent Care is requesting two (2) sign variances to add language of "Novi Urgent Care" to an existing business sign for Brookside Medical Building at 24230 Karim. The building is located north of Ten Mile and west of Haggerty Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.1.i. states: "Except as provided below, ground signs shall not exceed a maximum thirty (30) square feet or one (1) square foot for each two (2) feet the sign is setback, whichever is greater, with a maximum area of one hundred (100) square feet."

Required setback: 70 feet

Proposed: 63 feet

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2.ii states: "…All other ground signs shall not exceed a height of five (5) feet…"

Allowed height: 5 feet

Proposed: 7 feet

IN CASE NO. 06-013 TO APPROVE SETBACK VARIANCE OF (7) SEVEN FEET AND HEIGHT VARIANCE SETBACK OF (2) TWO FEET IN ORDER TO PROVIDE UNOBSTRUCTED VISIBILITY OF AN URGENT CARE CENTER SIGN LOCATED WITHIN THE BUILDING IN THE CASE OF AN EMERGENCY.

Pace Nielson of the Home Depot is requesting a Temporary Use Permit to allow a sidewalk sale in the front apron of the Home Depot store located at 47950 Grand River (Westmarket Square development). The applicant requests to have a sidewalk sale from May 15, 2006 to September 6, 2006 to sell live good merchandising and promotional items. The property is zoned B-2 and located west of Beck Road and north of Grand River.

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 …sidewalk sales… where permitted."

IN CASE NO. 06-024 TO APPROVE TEMPORARY USE PERMIT OF THE FACILITY AS DESCRIBED TO ALLOW SIDEWALK SALES IN THE FRONT APRON OF THE HOME DEPOT BUILDING FROM:

APRIL 13^TH – 17^TH, 2006

MAY 11^TH – 17^TH, 2006,

MAY 24^TH – JUNE 1^ST, 2006,

JUNE 15^TH – 20^TH, 2006,

JUNE 29^TH – JULY 10^TH, 2006,

AUGUST 3^RD – 9^TH, 2006

AUGUST 30^TH – SEPTEMBER 7^TH, 2006

Maurice Cherf is requesting two (2) variances for the construction of an addition and new porch located at 25320 Beck Road. Applicant is requesting a one (1) foot front yard setback variance and a sixteen foot eight inch (16’-8") rear yard setback variance. Property is zoned R-A and is located south of Eleven Mile Road and east of Beck Road.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a forty-five (45) foot front yard setback requirement and a fifty (50) foot rear yard setback requirement for property that is zoned R-A.

Required front yard setback 45 feet

Proposed front yard setback 44 feet

Required rear yard setback 50 feet

Proposed rear yard setback 33 feet, 8 inches

IN CASE NO. 06-025 TO APPROVE THE VARIANCE OF A (1) ONE-FOOT FRONT YARD SETBACK AND A (16) SIXTEEN-FOOT (4) FOUR-INCH REAR YARD SETBACK DUE TO THE HARDSHIP CREATED BY THE SIZING OF THE LOTS.

Arkin Enterprises representing Shiro Restaurant is requesting three (3) sign variances for an awning sign, a ground sign, and eighteen (18) temporary ground signs to be located at 43180 Nine Mile Road. The restaurant is located north of Nine Mile Road and east of Novi Road. Please note – Arkin Enterprises owns the three parcels of land where they are proposing to locate the signs.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3), "Number of on-premises advertising signs permitted" states: "…no building or parcel of land shall be allowed more than one (1) sign permitted under this section…"

CITY OF NOVI, CODE OF ORDINANCE, Section 28-9(1), "Off-premises advertising signs permitted according to district" states: "Ground pole signs and wall signs only shall be permitted in an I-2 district only."

CITY OF NOVI, CODE OF ORDINANCE, Section 28-11 (a) states:

"A sign not expressly permitted is prohibited."

IN CASE NO. 06-026 TO APPROVE SIGN A VARIANCE TO ALLOW FOR SHIRO RESTAURANT TO BE PLACED ON EXISTING AWNING FOR IDENTIFICATION PURPOSES. THIS IS APPLICABLE TO THIS RESTAURANT ONLY AS SHIRO RESTAURANT AND IF THE PREMISES CHANGES OWNERSHIP THAT THESE VARIANCES BE NULL AND VOID.

IN CASE NO. 06-026 TO APPROVE SIGN B VARIANCE BASED ON THE PROPOSED EXHIBIT 1A OF A (9) NINE AND (¼’) ONE QUARTER FOOT TALL SIGN (4) FOUR FEET ABOVE GRADE WITH TOTAL SIGNAGE OF (5) FIVE AND (1/4’) ONE QUARTER FEET DUE TO THE DISTANCE OFF THE MAIN ROAD THAT THE RESTAURANT IS LOCATED; THE HISTORIC LANDMARK CHARACTER OF THE BUILDING THAT THE CITY IS TRYING TO KEEP OCCUPIED AND THE EXTREME CIRCUMSTANCES AS EXPERIENCED BY THIS ESTABLISHMENT. THIS SIGN WILL BE APPLICABLE TO THIS RESTAURANT ONLY AND A TIME RESTRICTION IS PLACED ON THE SIGNAGE TO BE GRANTED FOR A PERIOD OF 18 MONTHS.

IN CASE NO. 06-026 TO DENY SIGN C, TEMPORARY GROUND SIGNS DUE TO THE NUMBER OF SIGNS AND LOCATIONS BEING INAPPROPRIATE FOR THE SURROUNDING COMMUNITY.

Fawzi Tomey of Jimmy John’s is requesting a variance to allow for temporary outdoor seating for property located at 31204 Beck Road (Shoppes at the Trail) from May 1, 2006 through October 31, 2006. Shoppes at the Trail is located south of Pontiac Trail and east of Beck Road.

NOVI CITY CODE, SECTION 1501.2 "PRINCIPAL USES PERMITTED" states:

"Any retail business or service establishment permitted in B-1 and B-2 Districts as Principal Uses Permitted and Uses Permitted subject to special conditions and subject to the restriction therein."

NOVI CITY CODE, SECTION 1401 "PRINCIPAL USES PERMITTED" states:

"…no building or land shall be used…except for one or more of the following specified uses…2.a. Any retail business whose principal activity is the sale of merchandise in an enclosed building…"

IN CASE NO. 06-028 TO APPROVE VARIANCE FOR TEMPORARY OUTDOOR SEATING FOR (4) FOUR TABLES WITH UMBRELLAS FROM MAY 1, 2006 TO OCTOBER 31, 2006 DUE TO THE UNIQUENESS AND HARDSHIP OF SEATING FOR THE SUMMER TRAFFIC. THERE SHALL BE NO IDENTIFICATION CONSIDERED AS SIGNAGE OTHER THAN WHAT IS PERMITTED BY ORDINANCE ON THE UMBRELLAS. APPLICANT WILL ALLOW FOR THE BUILDING DEPARTMENT TO REVIEW THE PROPER PLACEMENT OF THE TABLES FOR ACCESSIBILITY AND SAFETY. THIS VARIANCE IS CONTINGENT UPON THE LANDLORD OF THE AREA ALSO AGREEING TO THE PLAN OF HOW THE SEATS ARE ARRANGED.

Patrick Ruddy is requesting one (1) variance for the construction of a screened porch on the upper deck located at 44622 Kali Court. Applicant is requesting a sixteen (16) foot rear yard setback variance. The property is zoned R-4 and located on Lot 179 in Cedarspring Estates, which is located north of Ten Mile and east of Taft Road.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a thirty five (35) foot rear yard setback requirement for property that is zoned R-4.

Required rear yard setback 35 Feet

Proposed rear yard setback 19 Feet

IN CASE NO. 06-029 TO APPROVE VARIANCE OF A (16) SIXTEEN-FOOT REAR YARD SETBACK DUE TO THE UNIQUE SHAPE OF THE LOT BEING A TRAPEZOID LOCATED ON A COURT AND DUE TO THE FACT THE STRUCTURE IS ALREADY THERE AND IT’S JUST AN ENCLOSING OF IT.

Rino Soave of Soave Corp. Novi, LLC is requesting three (3) variances for the construction of the proposed project, Pinebrook Professional Plaza (fka Tierra / Soave Building). Please note that this project contains two buildings, Building A and Building B. All variance requests apply to both. The applicant is requesting a 0.8 acre lot area variance, a thirteen (13) foot front yard setback variance, and a 533 square foot variance for the loading/unloading area. The property is zoned NCC and is located at the southeast corner of Grand River Avenue and Joseph Drive.

NOVI CODE OF ORDINANCES, ARTICLE 24, Section 2400, "Schedule of Regulations" requires a lot area of two (2) acres and a forty (40) foot front yard setback for property that is zoned NCC.

Minimum lot area: 2 acres

Proposed: 1.2 acres

Required front yard setback: 40 feet

Proposed: 27 feet

NOVI CODE OF ORDINANCES, Section 2507.2 "Off-street Loading and Unloading" states: "Within the B, GE, FS, RC, NCC, TC and TC-1 Districts, loading, unloading space shall be provided in the rear yard at a ratio of ten (10) square feet for each front foot of building…"

Required (for both buildings): 1,540 square feet

Proposed: 1,007 square feet

Variance: 533 square feet

IN CASE NO. 05-099 TO APPROVE VARIANCE OF 0.8 ACRES MINIMUM LOT AREA DUE TO THE HARDSHIP OF THE FACT THAT IT’S BY ORDINANCE REQUIRED TO BE (2) TWO ACRES, THE (13) FOOT FRONT YARD SETBACK DUE TO THE FACT THAT IS A BENEFIT TO THE NEIGHBORING RESIDENTS AND THE REAR YARD SETBACK VARIANCE FOR OFF STREET LOADING AND UNLOADING OF (533) FIVE HUNDRED AND THIRTY THREE SQUARE FEET DUE TO THE TWO BUILDING FRONTS AND THE REQUIRED SPACE IS NOT NECESSARY DUE TO THE NATURE OF THE BUSINESS LOCATED IN THE BUILDING.

Robert Cummings is requesting six (6) variances for the construction of a new home located at 1254 East Lake Drive. Applicant is requesting a ten (10) foot front yard setback variance, a 22.06 foot rear yard setback variance, a north side yard setback variance of ten (10) feet, a south side yard setback variance of 5.29 feet with a total aggregate variance of both side yards of 15.29 feet, and a lot coverage variance of 15.1%. Property is zoned R-4 and located on Lot 2 in the Supervisor’s Plat No. 1 Subdivision, which is located east of East Lake Drive and north of New Court. Please note: The existing house is to be demolished.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires; a thirty (30) foot front yard setback, a thirty-five (35) foot rear yard setback, a minimum side yard setback of ten (10) feet with an aggregate setback of both side yards of twenty-five (25) feet and a maximum lot coverage of twenty-five (25 %) percent.

Required front yard setback 30 feet

Proposed front yard setback 20 feet

Required rear yard setback 35 feet

Proposed rear yard setback 12.94 feet

Required side yard setback (north) 15 feet

Proposed side yard setback 5 feet

Required side yard setback (south) 10 feet

Proposed side yard setback 4.71 feet

Required side yard setback (both sides) 25 feet

Proposed side yard setback 9.71 feet

Proposed lot coverage 40.1%

Maximum lot coverage 25%

IN CASE NO. 06-030 TO APPROVE FRONT YARD SETBACK VARIANCE OF (10) TEN FEET, REAR YARD SETBACK VARIANCE OF 22.06 FEET, SIDE YARD SETBACK (NORTH) VARIANCE OF (10) TEN FEET, SIDE YARD SETBACK (SOUTH) OF (5) FIVE FEET WITH THE GARAGE BEING RE CENTERED TO ESTABLISH (10) TEN-FOOT SIDE YARD SETBACKS (BOTH SIDES) AND A LOT COVERAGE OF 15.1%.

Allied Signs representing David’s Bridal is requesting one (1) sign variance to erect a wall sign at 43831 West Oaks Drive. The store will be located adjacent to the Gander Mountain store at the West Oaks Shopping Center.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)b.1.(a)(i)a. "Multiple businesses" states: "A wall sign displayed on a building occupied by two (2) or more businesses shall not exceed twenty four (24) square feet, or one (1) square foot of signage for every two (2) lineal feet of business frontage to a maximum of forty (40) square feet."

Allowed: 40 square feet

Proposed: 47.89 square feet

IN CASE NO. 06-031 TO APPROVE THE SIGN VARIANCE OF 7.89 SQUARE FEET BECAUSE OF THE POSITION OF THE BUILDING AWAY FROM THE MAIN ROAD AND TO MAKE THE LETTERING VISIBLE.

SignGraphix, Inc. representing LaSalle Technology Centre is requesting one (1) sign variance to erect a ground sign at the entrance of the LaSalle Technology Centre North and LaSalle Technology Centre South buildings. These buildings are located south of Lewis Drive and west of Cabot Drive in the Haggerty Corridor Corporate Park.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.3 "Placement" states:

"Ground signs shall not be placed less than sixty-three (63) feet from the centerline of the thoroughfare or collector street…"

Allowed: 63 feet

Proposed: 33 feet

IN CASE NO. 06-032 TO APPROVE THE SIGN VARIANCE OF (30) THIRTY FEET WHICH CONSTITUTES A (2) TWO FOOT SETBACK FROM THE CENTERLINE OF THE THOROUGHFARE DUE TO THE UNIQUE SITUATION OF THE ROAD AND THE LOT LAYOUT IN CONNECTION WITH THE BUILDING DESIGN AND THE LANDSCAPING DIFFICULTIES.

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 Place. NOTE: This case is on remand from Circuit Court.

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

Yard area proposed for front yard parking .869 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

Proposed minimum parking setback 13 feet

IN CASE NO. 05-097 TO APPROVE THE TWO VARIANCES REQUESTED BECAUSE THE PETITIONER HAS ESTABLISHED THE FOLLOWING PRACTICAL DIFFICULTIES:

PETITIONER HAS ESTABLISHED THAT COMPLIANCE WITH THE STRICT LETTER OF THE RESTRICTIONS OF THE ORDINANCE WOULD UNREASONABLY PREVENT THE USE OF THE PROPERTY OR BE UNNECESSARILY BURDENSOME BECAUSE OF THE UNIQUENESS OF THIS BEING A CORNER LOT AND SIMILAR CIRCUMSTANCES THAT ARE PRESENT WITH THE NEIGHBORING PROPERTIES AND THE HISTORY OF THE EXISTING NON-CONFORMING USE.

PETITIONER HAS ESTABLISHED UNIQUE CIRCUMSTANCES REGARDING THE NARROWNESS AND SHAPE OF THE SUBJECT PROPERTY, BECAUSE THE 8-MILE ROAD FRONTAGE RESTRICTS THE DEVELOPMENT OPTIONS, AS DOES THE ORCHARD HILL FRONTAGE, PLUS THE (7) SEVEN-FOOT OFFSET OF THE EASTERN BORDER WHICH CREATES A DEVELOPMENTAL DIFFICULTY.

PETITIONER HAS ESTABLISHED THAT THE PROPOSED USE IMPROVEMENT WILL NOT BE A DETRIMENT TO THE PUBLIC SAFETY AND WELFARE BECAUSE IT IS NOT DISSIMILAR TO NEARBY BUSINESSES.

PETITIONER HAS ESTABLISHED THAT THE USE/IMPROVEMENT WILL NOT IMPAIR AN ADEQUATE SUPPLY OF LIGHT AND AIR TO ADJACENT PROPERTIES BECAUSE IT IS BEING DEVELOPED AS A SINGLE STORY AND THE PROPOSED BUILDING CREATES A SMALLER FOOTPRINT THAN THE EXISTING BUILDING.

PETITIONER HAS ESTABLISHED THAT THE PROPOSED USE WILL NOT UNREASONABLY IMPAIR OR DIMINISH ESTABLISHED PROPERTY VALUES WITHIN THE SURROUNDING AREA.

PETITIONER HAS ESTABLISHED THAT THE GRANT OF THE VARIANCES WILL NOT IMPAIR THE INTENT OR PURPOSE OF THE ORDINANCE.

PETITIONER HAS ESTABLISHED THAT THE NEED FOR THE VARIANCE IS NOT SELF-CREATED BECAUSE ANY NEW BUSINESS DEVELOPMENT WOULD FACE THE SAME OR SIMILAR VARIANCE NEEDS.