| View Agenda for the meeting View Minutes for the meeting
ACTION SUMMARY Roll call Members Bauer, Canup, Fischer, Gronachan, Krieger (showed up @ 7:20), Sanghvi and Shroyer Absent Member Canup Rules of Conduct:
Approval of Agenda – Approved as amended Executive Session – Discussion of an attorney-client privileged communication Approval of Minutes – March 7, 2006 – Approved Public Remarks - Cindy Gronachan 1. Case No. 06-027 filed by Larry D. Craighead, Architect representing Sam’s Club at 27300 Wixom Road (Novi Promenade) Larry D. Craighead, Architect representing Sam’s Club is requesting five (5) sign variances to erect three (3) wall signs and two (2) entranceway signs at 27300 Wixom Road in the Novi Promenade development. The project is located south of Grand River and east of Wixom Road. Sign A (Wall sign – Sam’s Club logo): 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 one wall sign of 155.8 square feet with the name and logo of the business over the entrance of the building. Sign B (Wall sign – "Pharmacy, Optical, 1-Hr. Photo"): 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 one wall sign of twenty-five (25) square feet with verbiage of "Pharmacy, Optical, 1-Hr. Photo" to be located to the right of the entrance of the building. Sign C (Entranceway sign – "Entrance"): CITY OF NOVI, CODE OF ORDINANCES, Section 28-8(10) states: "The following types of signs shall be permitted in all districts…Signs not exceeding two (2) square feet which contain only noncommercial messages including designation of rest rooms, telephone location, and direction of door openings." The applicant is requesting permission to erect one entranceway sign of 12.5 square feet with verbiage of "Entrance" to be located over the entrance of the building. Sign D (Entranceway sign – "Exit"): CITY OF NOVI, CODE OF ORDINANCES, Section 28-8(10) states: "The following types of signs shall be permitted in all districts…Signs not exceeding two (2) square feet which contain only noncommercial messages including designation of rest rooms, telephone location, and direction of door openings." The applicant is requesting permission to erect one entranceway sign of 5.25 square feet with verbiage of "Exit" to be located over the entrance of the building. Sign E (Wall sign – "Flatbed Loading Area"): 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 one wall sign of 14.19 square feet with verbiage of "Flatbed Loading Area" to be located to the left of the entrance of the building. MOTION: IN CASE NO. 06-027 TO APPROVE "SAM’S CLUB" WALL SIGN (A) OF 155.8 SQUARE FEET, AN "ENTRANCE" SIGN (C) OF 12.5 SQUARE FEET, AN "EXIT" SIGN-D OF 5.25 SQUARE FEET AND WALL SIGN (E) OF 14.19 SQUARE FEET WITH THE WORD CHANGE OF "CUSTOMER LOADING AREA"; GIVEN THAT THE PETITIONER’S TESTIMONY INDICATED THAT THE SIZE, SHAPE AND TOPOGRAPHY OF THE BUILDING ARE UNUSUAL AS WELL AS THE NEED FOR SIGNAGE FOR THE SAFETY OF PATRONS. IN CASE NO. 06-027 TO DENY WALL SIGN (B) OF (25) TWENTY-FIVE SQUARE FEET BASED ON THE FACT THAT THIS BUSINESS IS A DESTINATION AREA AND THE PETITIONER HAS NOT DEMONSTRATED ANY PRACTICAL DIFFICULTY. THIS SIGN WOULD BE FOR MARKETING PURPOSES AND NOT IDENTIFICATION.
2. Case No. 06-033 filed by Patrick Ziarnik at 1601 West Lake Drive Patrick Ziarnik is requesting two (2) side yard setback variances for the construction of a covered porch located at 1601 West Lake Drive. Applicant is seeking a seven foot six inch (7’6") north side yard setback variance and a combined total side yard setback variance for both sides of seven feet three inches (7’3"). Property is zoned R-4 and located south of Pontiac Trail and east of West Park Drive. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with a combined total side yard setback of both sides of twenty-five (25) feet in an R-4 zoning district. Required side yard setback (north side) 10 feet Proposed side yard setback 2 feet 6 inches Variance requested 7 feet 6 inches Combined total both side yards required 25 feet Proposed total both side yards 17 feet 9 inches Variance requested 7 feet 3 inches MOTION: IN CASE NO. 06-033 TO APPROVE THE SIDE YARD (NORTH) SETBACK VARIANCE OF SEVEN FEET SIX INCHES AND COMBINED TOTAL SETBACK VARIANCE FOR BOTH SIDE YARDS OF SEVEN FEET THREE INCHES AS REQUESTED GIVEN THE PETITIONER HAS ESTABLISHED PRACTICAL DIFFICULTY IN THAT HE HAS SHOWN THAT MINIMUM VARIANCE NECESSARY WILL BE USED GIVEN THE CURRENT EXISTING PORCH. THE SIZE AND CONFIGURATION OF THE LOT ALSO PROVES THAT THERE IS A PRACTICAL DIFFICULTY AND THAT SUBSTANTIAL JUSTICE TO THIS PROPERTY OWNER AND NEIGHBORS HAS BEEN SHOWN WITH THE CONDITION TOO THAT THE PORCH BE CONSTRUCTED WITH FIRE RETARDANT MATERIALS AS RECOMMENDED BY CODE.
3. Case No. 06-034 filed by On the Border Restaurant at 21091 Haggerty Road Mark Kuberacki of On the Border Restaurant is requesting a special approval permit for a Temporary Use to allow the placement of a (40 X 100) foot tent to be erected in the parking lot adjacent to the On The Border Restaurant located at 21091 Haggerty Road. Applicant is requesting this special use approval in connection with Cinco de Mayo (Mexican Independence Day) on May 5, 2006. This property is located in the Highpoint Shopping Center west of Haggerty Road and north of Eight Mile Road. TUP 04-014 and TUP 05-007 were previously granted. NOVI CODE OF ORDINANCES, Section 3104, "Jurisdiction" states the Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this Ordinance but 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, and shall be further empowered to act on those matters where this Ordinance provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this Section and Laws of the State of Michigan. Applicant is requesting a special use approval to permit the placement of a tent for Cinco de Mayo to be located in the parking lot adjacent to the On the Border Restaurant in the Highpoint Shopping Center north of Eight Mile Road and west of Haggerty Road.
MOTION: IN CASE NO. 06-034 TO APPROVE THE REQUEST FOR A SPECIAL USE APPROVAL TO PERMIT THE PLACEMENT OF A 40 X 100 FOOT TENT IN THE PARKING LOT FOR CINCO DE MAYO ON MAY 5TH. WHEREAS THIS WAS APPROVED IN 2004 AND 2005 WITHOUT ANY SIGNIFICANT DISPARANCIES AND THAT THE APPLICANT HAS BEEN PROACTIVE IN THE HIRING OF TWO POLICE OFFICERS TO ASSURE PATRON AND PEDESTRIAN SAFETY, ALSO THE APPLICANT HAS A FULL UNDERSTANDING OF ANY FUTURE REQUESTS AS INDICATED BY THE BUILDING DEPARTMENT.
4. Case No .06-035 filed by Classic Collision Auto Repair Center at 24400 Novi Road J.D. Dinan Co. representing Classic Collision Auto Repair is requesting one (1) sign variance to display new verbiage on an existing business center sign at 24400 Novi Road. The site is located east of Novi Road and north of Ten Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-1 (1) "Definitions" states: "Business Center Sign means a sign which identifies the name and/or logo of a business center and which does not contain any additional information regarding individual stores, services, businesses, institutions, organizations or industries located within the planned complex or contiguous stores." The applicant is requesting permission to install verbiage of "Classic Collision Auto Repair Center" on the existing business center sign. APPLICANT WITHDREW APPLICATION ON 4-27-2006 5. Case No. 06-036 filed by Garnish Restaurant at 25875 Novi Road (City Center Plaza) Garnish Restaurant is requesting one (1) sign variance to allow placement of an additional wall sign at 25875 Novi Road, Suite 170 (City Center Plaza). This property is zoned TC-1 and is located south of Grand River on the west side of Novi Road. 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 of fifty (50) square feet. MOTION: IN CASE NO. 06-036 – TO APPROVE THE VARIANCE OF AN ADDITIONAL WALL SIGN OF (50) FIFTY SQUARE FEET GIVEN THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY AND FOR IDENTIFICATION REASONS.
6. Case No. 06-037 filed by Beaner’s Coffee at 31208 Beck Road (Shoppes at the Trail) Jenene Kozinski of Beaner’s Coffee is requesting a variance to allow for temporary outdoor seating for property located at 31208 Beck Road (Shoppes at the Trail) from May 1, 2006 through October 31, 2006. Shoppes at the Trail are 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…" The applicant is requesting permission for outdoor seating during the summer season. MOTION: IN CASE NO. 06-037 TO APPROVE THE VARIANCE REQUEST FOR UP TO FOUR UMBRELLA TABLES WITH CHAIRS FOR OUTDOOR SEATING FROM MAY 1, 2006 THROUGH OCTOBER 31, 2006 WITH THE CONDITION THAT THE BUILDING OFFICIAL DOES HAVE JURISDICTION TO ENFORCE ACCESS RIGHTS AND OTHER COMPLIANCE ISSUES.
7. Case No. 06-038 filed by Dykema Gossett PLLC representing Sam’s Club at 27300 Wixom Road (Novi Promenade) Dykema Gossett PLLC representing Sam’s Club is requesting two (2) sign variances to erect one (1) wall sign and one (1) ground sign at 27300 Wixom Road in the Novi Promenade development. The project is located south of Grand River and east of Wixom Road. Sign A (Wall sign): CITY OF NOVI, CODE OF ORDINANCES, Section 28-11(a) states: "A sign not expressly permitted is prohibited." The applicant is requesting permission to erect one wall sign of thirty-six (36) square feet with verbiage relating to the sale of alcoholic beverages. Sign B (Ground sign): CITY OF NOVI, CODE OF ORDINANCES, Section 28-11(a) states: "A sign not expressly permitted is prohibited." The applicant is requesting permission to erect one ground sign of thirty-six (36) square feet with verbiage relating to the sale of alcoholic beverages. MOTION: IN CASE NO. 06-38 TO APPROVE WALL SIGN A OF (36) THIRTY-SIX SQUARE FEET GIVEN THAT THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY, AS THIS IS PART OF THE REGULATION OF THE MICHIGAN LIQUOR CONTROL COMMISSION. IN CASE NO. 06-038 TO DENY GROUND SIGN B OF (36) THIRTY-SIX SQUARE FEET GIVEN THAT THE PETITIONER HAS NOT ESTABLISHED A PRACTICAL DIFFICULTY AND THAT THIS SIGN WOULD BE AN OVERAGE AND ABUNDANCE OF THE SAME MESSAGE IN SIGN A.
8. Case No. 06-039 filed by ACO Hardware at 41800 West Ten Mile Road (Novi Ten Shopping Center) Sam Lafata of ACO Hardware is requesting a Temporary Use Permit to allow seasonal merchandise displays and sidewalk sales in the front apron of the ACO Hardware store located at 41800 W. Ten Mile Road (Novi Ten Shopping Center). The applicant requests to have seasonal merchandise displays and sidewalk sales from May 3, 2006 to October 31, 2006. The property is zoned B-3 and is located west of Meadowbrook Road and north of Ten Mile. 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." The applicant is requesting a sidewalk sale in the front apron of the ACO Hardware building. MOTION: IN CASE NO. 06-038 TO APPROVE THE VARIANCE FOR SEASONAL DISPLAYS AND SIDEWALK SALES OF HARDWARE MERCHANDISE FROM MAY 3, 2006 UNTIL OCTOBER 31, 2006 DUE TO THE LOCATION AND SEASONAL NATURE OF THE REQUEST.
9. Case No. 06-042 filed by the Road Commission for Oakland County for Michigan CAT at 24460 Novi Road The Road Commission for Oakland County is requesting nine (9) variances for the property located at 24460 Novi Road, 24800 Novi Road, and 25000 Novi Road (Michigan Cat). The property is one parcel of land, 27.11 acres (Sidwell # 50-22-23-351-059) and zoned I-2. Applicant is requesting: two - fifteen (15) foot front yard setback variances for 24460 Novi Road and 24800 Novi Road; four parking setback variances - fifty-two (52) feet for Parking Area A at 25000 Novi Road, ninety-seven (97) feet for Parking Area B at 24800 Novi Road, fifty-four (54) feet for Parking Area C at 24460 Novi Road and seventy-seven (77) feet for Parking Area D at 24460 Novi Road. Applicant is also requesting a variance to eliminate the required parking lot screen wall or landscape berm for Parking Areas A, C, and D; a variance to allow outdoor storage/display area of heavy machinery in the front yard of 24800 Novi Road; and a variance to eliminate the screen wall or landscape berm for the outdoor storage/display area at 24800 Novi Road. Property is located north of Ten Mile Road and east of Novi Road. These variance requests are to facilitate the right of way acquisition along Novi Road. NOVI CODE OF ORDINANCES, ARTICLE 24: Section 2400, "Schedule of Regulations" requires a minimum front yard setback of one hundred (100) feet in an I-2 zoning district. REQUIRED FRONT YARD BUILDING SETBACK (24460 Novi Road) 100 FEET PROPOSED FRONT YARD SETBACK 85 FEET VARIANCE REQUESTED 15 FEET REQUIRED FRONT YARD BUILDING SETBACK (24800 Novi Road) 100 FEET PROPOSED FRONT YARD SETBACK 85 FEET VARIANCE REQUESTED 15 FEET NOVI CODE OF ORDINANCES, ARTICLE 24: Section 2400, "Schedule of Regulations" footnote h.2 states that the parking area shall not extend into the minimum required front yard setback of the district (100 feet). REQUIRED FRONT PARKING SETBACK (PARKING LOT A) 100 FEET PROPOSED FRONT PARKING SETBACK 48 FEET VARIANCE REQUESTED 52 FEET REQUIRED FRONT PARKING SETBACK (PARKING LOT B) 100 FEET PROPOSED FRONT PARKING SETBACK 3 FEET VARIANCE REQUESTED 97 FEET REQUIRED FRONT PARKING SETBACK (PARKING LOT C) 100 FEET PROPOSED FRONT PARKING SETBACK 46 FEET VARIANCE REQUESTED 54 FEET REQUIRED FRONT PARKING SETBACK (PARKING LOT D) 100 FEET PROPOSED FRONT PARKING SETBACK 23 FEET VARIANCE REQUESTED 77 FEET NOVI CODE OF ORDINANCES, ARTICLE 24: Section 2400, "Schedule of Regulations" footnote h.4 requires a parking lot screening wall or berm from all public right of ways. Applicant is requesting to eliminate the required parking lot screened wall or landscape berm for Parking Areas A, C, and D. NOVI CODE OF ORDINANCES, Section 2001.3 states that no outdoor storage shall extend into the required front yard setback of the district. Applicant is requesting to allow outdoor storage/display area for heavy machinery in the front yard of 24800 Novi Road. NOVI CODE OF ORDINANCES, Section 2002.1 requires obscure screening of outdoor storage/display area at 24800 Novi Road. Applicant is requesting to eliminate the screen wall or landscape berm for the outdoor storage/display area at 24800 Novi Road. MOTION: IN CASE NO. 06-042 TO APPROVE THE FRONT YARD BUILDING SETBACK VARIANCE OF 15 FEET FOR 24460 NOVI ROAD, THE FRONT YARD BUILDING SETBACK VARIANCE OF 15 FEET FOR 24800 NOVI ROAD, THE PARKING SETBACK VARIANCE OF 52 FEET FOR PARKING AREA A AT 25000 NOVI ROAD, THE PARKING SETBACK VARIANCE OF 97 FEET FOR PARKING AREA B AT 24800 NOVI ROAD, THE PARKING SETBACK VARIANCE OF 77 FEET FOR PARKING AREA D AT 24460 NOVI ROAD, THE VARIANCE TO ELIMINATE THE REQUIRED PARKING LOT SCREEN WALL OR LANDSCAPED BERM FOR PARKING AREAS A,C, AND D, THE VARIANCE TO ALLOW THE OUTDOOR STORAGE/DISPLAY AREA FOR HEAVY MACHINERY IN THE FRONT YARD OF 24800 NOVI ROAD AND THE VARIANCE TO ELIMINATE THE SCREEN WALL OR LANDSCAPED BERM FOR THE OUTDOOR STORAGE/DISPLAY AREA AT 24800 NOVI ROAD BASED ON THE FACT THAT THE PRACTICAL DIFFICULTY STANDARDS COVER THESE TYPES OF DIMENSIONAL VARIANCES. THE PRACTICAL DIFFICULTY IS TWO FOLD: THE PROPERTY OWNER WOULD HAVE A SEVERE HARDSHIP FOR THEIR BUSINESS, AFTER THE NOVI ROAD WIDENING, IF THE BUILDINGS AND PARKING ARE DEEMED TO BE NON-CONFORMING. THIS WOULD MAKE FINANCING THROUGH BANKS EXTREMELY DIFFICULT AND NO MODIFICATIONS TO THE PROPERTY COULD BE MADE IN THE FUTURE WITHOUT A VARIANCE. THE SECOND IS THE MUNICIPAL SIDE OF THE DIFFICULTY. NOT GRANTING THESE VARIANCES WOULD BE A SUBSTANTIAL DETRIMENT TO THE OVERALL PUBLIC GOOD, AS THE RCOC WOULD LIKELY NOT BE ABLE TO ACQUIRE THE RIGHT-OF-WAY NECESSARY TO WIDEN NOVI ROAD, OR WOULD HAVE TO PAY SUBSTANTIALLY MORE FOR IT, A COST THAT WOULD NEED TO BE BURDENED BY THE TAX PAYING PUBLIC. THE GRANTING OF THESE VARIANCES WILL NOT IMPAIR THE INTENT OF THE ORDINANCE, AS THERE IS NO NEW CONSTRUCTION PROPOSED ON THE MICHIGAN CAT PROPERTY THAT WOULD ALTER THE EXISTING CONDITIONS. THE CHARACTER OF THE AREA WILL NOT CHANGE, AS THE PARKING AND BUILDINGS WILL STILL BE IN THE SAME LOCATION THEY ARE TODAY, JUST CLOSER TO THE TRAVELED PORTION OF THE ROAD AFTER THE CONSTRUCTION. BY NOT GRANTING THESE VARIANCES THERE MAY ALSO EXIST A SAFETY ISSUE IN AN INCREASE OF HAZARDS WITH THE ROAD NOT BEING REPAIRED PROPERLY.
OTHER MATTERS Presentation by Member Sanghvi to Member Gronachan for her service to the ZBA Board and the City of Novi.
|