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REGULAR MEETING – ZONING BOARD OF APPEALS
Roll call Members Bauer, Canup, Fischer, Gatt, Krieger, Sanghvi and Shroyer Member Canup Absent Pledge of Allegiance Rules of Conduct:
Approval of Agenda Approval of Minutes – September 12, 2006 October 3, 2006 Public Remarks 1. Case No. 06-076 filed by Rick Castanos of Varsity Lincoln Mercury for Quick Lane located at 49251 Grand River Avenue Applicant is requesting three (3) sign variances to erect two (2) 45 square foot wall sign "Quick Lane Tire and Auto Center", one (1) 75 square foot ground sign that includes multiple listings of services provided located at 49251 Grand River Avenue. The property is zoned B-3 and is located on the southeast corner of Grand River Avenue and Wixom Road. 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…" CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (2) (a) (i) states: " 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…" CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (2) (a) (ii) states: ""A ground sign shall not exceed a height of five (5) feet." Applicant is requesting two (2) 45 square foot wall signs and one (1) 75 square foot ground sign. IN CASE NO. 06-076 TO APPROVE THE THREE SIGN VARIANCE REQUESTS TO ERECT TWO 45 SQUARE FOOT WALL SIGNS "QUICK LANE TIRE AND AUTO CENTER", AND ONE 75 SQUARE FOOT GROUND SIGN THAT INCLUDES MULTIPLE LISTINGS OF SERVICES PROVIDED DUE TO THE FACT THAT THE PETITIONER HAS SHOWN A PRACTICAL DIFFICULTY BECAUSE OF THE UNIQUE SITUATION OF THE BUILDING THE UNIQUE PROPERTY – TWO SEPARATE BUSINESSES AND THAT SUBSTANTIAL JUSTICE IS DONE TO THE OWNER AND SURROUNDING PROPERTIES. THIS MOTION APPLIES TO THE QUICK LANE FRANCHISE WITHIN THIS BUILDING ONLY AND SHOULD THE FRANCHISE MOVE OUT AND OPERATIONS REVERT BACK TO VARSITY LINCOLN SERVICES THE SIGNS COME DOWN. 2. Case No. 06-079 filed by Allied Signs for David’s Bridal located at 43831 West Oaks Drive Allied Signs representing David’s Bridal is requesting one (1) sign variance to erect an additional wall sign at 43831 West Oaks Drive. The property s zoned RC and 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(3) f states: " Where two (2) or more separately owned and operated businesses occupying a building on a single parcel of land, each having a separate exterior entrance, each business is entitled to a single identification wall sign…" Applicant is requesting one sign variance to erect an additional wall sign for David’s Bridal. IN CASE NO. 06-079 TO APPROVE THE VARIANCE REQUEST TO ERECT AN ADDITIONAL WALL SIGN AT DAVID’S BRIDAL NOT TO EXCEED THIRTY SQUARE FEET IN TOTAL AND FIFTEEN FEET IN LENGTH DUE TO THE FACT OF MINIMAL VISIBILITY FROM THE NORTH AND WEST SIDE.
3. Case No. 06-080 filed by Chris Cagle for Glenda’s Inc. located at 40575 Grand River Avenue Mr. Cagle is requesting a variance renewal to continue 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 a variance renewal to continue storing landscape materials on the abutting leased property in an OS-1 Zoning District. IN CASE NO. 06-080 TO APPROVE THE VARIANCE RENEWAL REQUEST TO ALLOW OUTDOOR STORAGE OF LANDSCAPE MATERIAL ON A VACANT PARCEL OF LAND WEST OF 40575 GRAND RIVER AVENUE SIDWELL NUMBER 5022-24-301-011 ZONING DISTRICT OS-1 DUE TO THE FACT THAT THE PETITIONER HAS ESTABLISHED THAT THIS IS AN EXCEPTIONALLY UNIQUE CIRCUMSTANCE AND PROPERTY. RELIEF DOES NOT RESULT IN INCOMPATIBLE USE, SUBSTANTIAL JUSTICE OF THE PROPERTY OWNER AND SURROUNDING AREAS HAS BEEN DONE AND IS CONSISTENT WITH THE SPIRIT AND INTENT OF THE ORDINANCE.
4. Case No.06-083 filed by Steven Johnson of Novi Retail LLC for Shoppes at the Trail located at 31172 Beck Road Steven Johnson of Novi Retail LLC is requesting one (1) sign variance to erect an additional 30 square foot business center sign on a vacant parcel of land located on Pontiac Trail in front of the Shoppes on the Trail Shopping Center. The property is zoned B-3 (General Business District). CITY OF NOVI, CODE OF ORDINANCES, Section 28-10-(a) states: "A sign not expressly permitted is prohibited" Applicant is requesting one sign variance to erect an additional 30 square foot business center sign on a vacant parcel of land. Tabled to the December 5, 2006 hearing date.
6. Case No.06-084 filed by Morton Daniel Pikstein for 40535 Kingsley Lane The Kingsley’s are requesting a thirteen (13) foot five (5) inch rear yard setback variance for the construction of a deck extension and porch enclosure located at 40535 Kingsley Lane, Haverhill Farms Subdivision. Property is zoned R-2 and located south of fourteen mile and west of M-5. NOVI CODE OF ORDINANCES: Article 24; Section 2400, "Schedule of Regulations" requires a minimum rear yard setback of thirty-five (35) feet. REQUIRED REAR YARD SETBACK 35 FEET PROPSED 21 FEET 7 INCHES VARIANCE REQUIRED 13 FEET 5 INCHES Applicants are requesting a rear yard setback variance for the construction of an enclosed porch. IN CASE NO. 06-084 TO APPROVE THE REAR YARD SETBACK VARIANCE REQUEST OF THIRTEEN FEET FIVE INCHES FOR THE CONSTRUCTION OF A DECK EXTENSION AND PORCH ENCLOSURE DUE TO THE HARDSHIP THE PETITIONER HAS STATED.
7. Case No.06-085 filed by Adorno Piccinini of Brooktown Village Ventures LLC located west of Meadowbrook Road and south of Grand River Avenue at 41711 Grand River Avenue Adorno Piccinini of Brooktown Village Ventures LLC is requesting one wall sign variance to erect a 15.667 square foot wall sign at 41711 Grand River Avenue. The property is zoned SDO/GE and located west of Meadowbrook Road and south of Grand River Avenue. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) states: "No building or parcel of land shall be allowed more than one (1) sign. Applicant is requesting a variance to allow a wall sign at Brooktown Village. The established SDO agreement for this case provides for city council jurisdiction only. Applicant will need to apply to city council for approval of sign.
8. Case No.06-086 filed by Providence Hospital and Medical Centers, Inc. LLC and Novi Orthopaedic Center Properties, LLC located at 47601 Grand River Avenue/48201 Grand River Avenue (7.33acres) Providence Hospital is requesting a dimensional variance to allow the subject property and development located at 47601 Grand River Avenue/48201 Grand River Avenue {part of sidwell number 5022-17-400-034; a parcel containing 7.33 acres} to front on a "private ring road" established for the use of all owners and occupants of the development, rather than a public road. NOVI CODE OF ORDINANCES: Section 2517, "Frontage on a Public Street", states that no lot or parcel of land shall be used for any purpose permitted by this Ordinance unless said lot or parcel shall front directly upon a public street, unless otherwise provided for in this Ordinance. The subject property does not currently front directly on a public road. Applicant is requesting a variance to the requirement that every parcel have frontage on a public street in order to be buildable. IN CASE NO. 06-086 TO APPROVE THE REQUEST FOR A DIMENSIONAL VARIANCE TO ALLOW THE SUBJECT PROPERTY AND DEVELOPMENT LOCATED AT 47601 GRAND RIVER AVENUE/48201 GRAND RIVER AVENUE {PART OF SIDWELL NUMBER 5022-17-400-034; A PARCEL CONTAINING 7.33 ACRES} TO FRONT ON A "PRIVATE RING ROAD" ESTABLISHED FOR THE USE OF ALL OWNERS AND OCCUPANTS OF THE DEVELOPMENT, RATHER THAN A PUBLIC ROAD, DUE TO THE FACT THAT THE PETITIONER HAS MET THE BURDEN OF PROOF OF PRACTICAL DIFFICULTY IN THIS CASE IN THAT THEY HAVE PROVED THAT NOT GRANTING THE VARIANCE REQUEST WOULD JEOPARDIZE THE ENTIRE DEVELOPMENT, WHICH IS NOT IN THE BEST INTEREST OF THE CITY OR ITS RESIDENTS OR SURROUNDING RESIDENTS. STRICT ENFORCEMENT OF THE ORDINANCE WILL DELAY AND ELIMINATE JOB OPPORTUNITIES, WHICH IS ALSO NOT IN THE BEST INTEREST OF THE CITY OF NOVI. BY ASSUMING ALL COSTS ASSOCIATED WITH THE ROAD PROVIDENCE IS ACTUALLY PROVIDING A SIGNIFICANT ECONOMIC BENEFIT TO THE RESIDENTS AND GOVERNMENT AGENCIES INVOLVED. GRANTING THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY IMPAIR THE INTENT OR PURPOSE OF THE ORDINANCE OR MASTER PLAN. THIS VARIANCE IS SUBJECT TO THE FOLLOWING CONDITIONS: COMPLETION OF THE LAND DIVISION THROUGH THE CITY OF NOVI’S ASSESSOR’S OFFICE. CONFIRMATION BY THE CITY ATTORNEY’S OFFICE THAT THE NECESSARY CROSS ACCESS EASEMENT AGREEMENTS FOR USE OF THE RING ROAD ARE IN PLACE INCLUDING ALL ROAD MAINTENANCE OBLIGATIONS.
9. Case No.06-087 filed by Providence Hospital and Medical Centers, Inc and J.W. Hotels – Novi, LLC located at 47601 Grand River Avenue/48101 Grand River Avenue (3.81 acres) Providence Hospital is requesting a dimensional variance to allow the subject property and development located at 47601 Grand River Avenue/48101 Grand River Avenue {Part of sidwell number 5022-17-400-034; a parcel containing 3.81 acres} to front on a "private ring road" established for the use of all owners and occupants of the development, rather than a public road. NOVI CODE OF ORDINANCES: Section 2517, "Frontage on a Public Street", states that no lot or parcel of land shall be used for any purpose permitted by this Ordinance unless said lot or parcel shall front directly upon a public street, unless otherwise provided for in this Ordinance. The subject property does not currently front directly on a public road. Applicant is requesting a variance to the requirement that every parcel have frontage on a public street in order to be buildable. IN CASE NO. 06-087 TO APPROVE THE REQUEST FOR A DIMENSIONAL VARIANCE TO ALLOW THE SUBJECT PROPERTY AND DEVELOPMENT LOCATED AT 47601 GRAND RIVER AVENUE/48101 GRAND RIVER AVENUE {PART OF SIDWELL NUMBER 5022-17-400-034; A PARCEL CONTAINING 3.81 ACRES} TO FRONT ON A "PRIVATE RING ROAD" ESTABLISHED FOR THE USE OF ALL OWNERS AND OCCUPANTS OF THE DEVELOPMENT, RATHER THAN A PUBLIC ROAD, DUE TO THE FACT THAT THE PETITIONER HAS MET THE BURDEN OF PROOF OF PRACTICAL DIFFICULTY IN THIS CASE IN THAT THEY HAVE PROVED THAT NOT GRANTING THE VARIANCE REQUEST WOULD JEOPARDIZE THE ENTIRE DEVELOPMENT, WHICH IS NOT IN THE BEST INTEREST OF THE CITY OR ITS RESIDENTS OR SURROUNDING RESIDENTS. STRICT ENFORCEMENT OF THE ORDINANCE WILL DELAY AND ELIMINATE JOB OPPORTUNITIES, WHICH IS ALSO NOT IN THE BEST INTEREST OF THE CITY OF NOVI. BY ASSUMING ALL COSTS ASSOCIATED WITH THE ROAD PROVIDENCE IS ACTUALLY PROVIDING A SIGNIFICANT ECONOMIC BENEFIT TO THE RESIDENTS AND GOVERNMENT AGENCIES INVOLVED. GRANTING THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY IMPAIR THE INTENT OR PURPOSE OF THE ORDINANCE OR MASTER PLAN. THIS VARIANCE IS SUBJECT TO THE FOLLOWING CONDITIONS: COMPLETION OF THE LAND DIVISION THROUGH THE CITY OF NOVI’S ASSESSOR’S OFFICE. CONFIRMATION BY THE CITY ATTORNEY’S OFFICE THAT THE NECESSARY CROSS ACCESS EASEMENT AGREEMENTS FOR USE OF THE RING ROAD ARE IN PLACE INCLUDING ALL ROAD MAINTENANCE OBLIGATIONS.
10. Case No.06-088 filed by Providence Hospital and Medical Centers, Inc located at 47601 Grand River Avenue/47901 Grand River Avenue (13.84 acres) Providence Hospital is requesting a dimensional variance to allow the subject property and development located at 47601 Grand River Avenue/47901 Grand River Avenue {part of sidwell number 5022-17-400-034; a parcel containing 13.84 acres} to front on a "private ring road" established for the use of all owners and occupants of the development, rather than a public road. NOVI CODE OF ORDINANCES: Section 2517, "Frontage on a Public Street", states that no lot or parcel of land shall be used for any purpose permitted by this Ordinance unless said lot or parcel shall front directly upon a public street, unless otherwise provided for in this Ordinance. The subject property does not currently front directly on a public road. Applicant is requesting a variance to the requirement that every parcel have frontage on a public street in order to be buildable. IN CASE NO. 06-088 TO APPROVE THE REQUEST FOR A DIMENSIONAL VARIANCE TO ALLOW THE SUBJECT PROPERTY AND DEVELOPMENT LOCATED AT 47601 GRAND RIVER AVENUE/47901 GRAND RIVER AVENUE {PART OF SIDWELL NUMBER 5022-17-400-034; A PARCEL CONTAINING 13.84 ACRES} TO FRONT ON A "PRIVATE RING ROAD" ESTABLISHED FOR THE USE OF ALL OWNERS AND OCCUPANTS OF THE DEVELOPMENT, RATHER THAN A PUBLIC ROAD, DUE TO THE FACT THAT THE PETITIONER HAS MET THE BURDEN OF PROOF OF PRACTICAL DIFFICULTY IN THIS CASE IN THAT THEY HAVE PROVED THAT NOT GRANTING THE VARIANCE REQUEST WOULD JEOPARDIZE THE ENTIRE DEVELOPMENT, WHICH IS NOT IN THE BEST INTEREST OF THE CITY OR ITS RESIDENTS OR SURROUNDING RESIDENTS. STRICT ENFORCEMENT OF THE ORDINANCE WILL DELAY AND ELIMINATE JOB OPPORTUNITIES, WHICH IS ALSO NOT IN THE BEST INTEREST OF THE CITY OF NOVI. BY ASSUMING ALL COSTS ASSOCIATED WITH THE ROAD PROVIDENCE IS ACTUALLY PROVIDING A SIGNIFICANT ECONOMIC BENEFIT TO THE RESIDENTS AND GOVERNMENT AGENCIES INVOLVED. GRANTING THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY IMPAIR THE INTENT OR PURPOSE OF THE ORDINANCE OR MASTER PLAN. THIS VARIANCE IS SUBJECT TO THE FOLLOWING CONDITIONS: COMPLETION OF THE LAND DIVISION THROUGH THE CITY OF NOVI’S ASSESSOR’S OFFICE. CONFIRMATION BY THE CITY ATTORNEY’S OFFICE THAT THE NECESSARY CROSS ACCESS EASEMENT AGREEMENTS FOR USE OF THE RING ROAD ARE IN PLACE INCLUDING ALL ROAD MAINTENANCE OBLIGATIONS.
11. Case No.06-090 filed by Ryan Dembs for Novi Corporate Campus LLC located on the southwest corner of Dylan Road and West Park Drive {sidwell number 5022-09-451-016} Ryan Dembs of Novi Corporate Campus LLC is requesting a front yard placement variance and a one (1) foot wall height variance to allow two entry walls to be constructed within the front yard of the project known as Novi Corporate Campus, Sidwell number 50-22-09-451-016. Walls are designed as entry walls to the campus located approximately seventy (70) feet east from the centerline of West Park Drive with signage to be attached on both walls. Property is zoned OST on the north side of Dylan Drive and I-2 on the south side of Dylan Drive. NOTE: Walls to be located on two (2) corner parcels. NOVI CODE OF ORDINANCES; Section 2503, Paragraph 2A, states that accessory structures, except where otherwise permitted and regulated in this Ordinance shall be located in the rear yard and shall meet the requirements of an accessory structure in that no structure shall be located closer than six (6) feet to any interior side lot or rear lot line. Applicant is proposing the placement of both walls within the front yards of both parcels of land. NOVI CODE OF ORDINANCES; Section 28-5(2) d2 "Height" states that the Entryway sign (including structure) shall have a maximum height of five (5) feet. PROPOSED SIGN STRUCTURE HEIGHT 6 FEET MAXIMUM HEIGHT REQUIRED 5 FEET VARIANCE REQUESTED 1 FEET Applicant is requesting a one-foot height variance for an entryway sign. IN CASE NO. 06-090 THE REQUEST FOR THE FRONT YARD PLACEMENT AND ONE FOOT WALL HEIGHT VARIANCE TO ALLOW TWO ENTRY WALLS TO BE CONSTRUCTED WITHIN THE FRONT YARD OF THE PROJECT KNOWN AS NOVI CORPORATE CAMPUS, SIDWELL 5022-09-451-016 BE APPROVED FOR IDENTIFICATION AND VISIBILITY PURPOSES DUE TO THE UNIQUE GRADE OF THE PROPERTY. BE IT NOTED THAT THE TOWERS DEPICTED ON THE SUBMITTED SITE PLANS WILL NOT BE A PART OF THE CONSTRUCTION OF THE ENTRYWAY WALLS.
OTHER MATTERS Revision of Temporary Use Permit Requirements – Tom Schultz presented. 12 Oaks Signage – Don Saven previewed ZBA Case 06-092 on the December 5, 2006 agenda. ZBA05-082 Classic Collision - This case has been officially closed, petitioner has met all the previously imposed ZBA conditions.
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