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REGULAR MEETING – ZONING BOARD OF APPEALS
CITY OF NOVI
ACTION SUMMARY
Tuesday December 5, 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 the Chairperson grants permission.
  6. One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Approval of Agenda

Approval of Minutes – November 14, 2006

Public Remarks

1. Case No. 06-092 filed by Khanh Pham of the Taubman Company for Twelve Oaks Mall located at 27500 Novi Road

Khanh Pham of The Taubman Company is requesting five (5) sign variances to include:

1) Three (3) thirty-two (32) square foot wall sign variances to previously approved variances granted in case 96-036 located at 27500 Novi Road to be placed at the three existing mall entries with the verbiage "Twelve Oaks":

Sign (A) 24’ x 2’ 8" (64 SF) to be located on the lower level at the northwest corner of the mall between Sears and Macy’s.

Sign (C) 24’ x 2’ 8"’ (64 SF) to be located on the upper level, northeast corner adjacent to Sears.

Sign (D) 24’ x 2’ 8" (64 SF) to be located on the upper level, at the southwest corner of the building between Macy’s and JC Penney.

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 thirty-two (32) square foot variance to a variance for the number and size of wall signs permitted in appeals case 96-036.

 

2) A verbiage variance to the "Twelve Oaks" wall sign variance granted in appeals case 96-036 with the verbiage change to "Food Court"

Sign (B) 14’ x 1’ 10’ (26.13 SF) to be located on the lower level southwest corner adjacent to JC PENNEY.

CITY OF NOVI, CODE OF ORDINANCES Section 28-10 (a) states: " A sign not expressly permitted is prohibited."

Applicant is requesting a verbiage variance to a previously approved "Twelve Oaks" verbiage permitted in appeals case 96-036 entryway sign.

 

3) One (1) additional sixty-four square foot (64 SF) "Twelve Oaks" wall sign variance to be placed at the new expansion entry at the mall.

CITY OF NOVI, CODE OF ORDINANCES Section 28-10 (a) states: " A sign not expressly permitted is prohibited."

Applicant is requesting one (1) additional sixty-four (64) square foot wall sign variance.

 

4) An eight square foot (8 SF) variance to the variance granted in appeals case 98-048 for four (4) 4’ x 6’ (24 SF) interior directional (ring road) signs.

Applicant is requesting an eight (8) square foot variance to the variance granted for the four (4) interior directional signs in appeals case 98-048.

 

5) One (1) additional two sided 2’ x 4’ (8 SF) "Valet" sign to be located at the access to the valet entrance.

CITY OF NOVI, CODE OF ORDINANCES Section 28-7 (b) 2 states: "Private parking lot and drive identification signs…not to exceed three (3) square feet in area and six (6) feet in height."

Applicant is requesting one (1) additional two-sided eight (8) square foot directional sign indicating "Valet".

The property is zoned RC and located north of I-96 and east of Novi Road.

IN CASE NO. 06-092 TO APPROVE:

THREE 32 SQUARE FOOT MALL ENTRY SIGN VARIANCE REQUESTS INDICATING "TWELVE OAKS" {SIGNS (A), (C), AND (D)}

THE VERBIAGE VARIANCE REQUEST FOR SIGN (B) TO READ "FOOD COURT"

ONE ADDITIONAL 64 SQUARE FOOT ENTRYWAY SIGN TO BE LOCATED AT THE NEW MALL EXPANSION ENTRY TO READ "TWELVE OAKS"

AN EIGHT SQUARE FOOT VARIANCE REQUEST FOR FOUR INTERIOR DIRECTIONAL (RING ROAD) SIGNS

ONE ADDITIONAL TWO SIDED EIGHT SQUARE FOOT "VALET" SIGN TO BE LOCATED AT THE ACCESS TO THE VALET ENTRANCE.

DUE TO THE FACT THAT THE BOARD HAS FOUND AND THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY DUE TO THE FACT OF THE UNIQUENESS OF THE WHOLE SITE, THE LINE OF VISION FROM THE ROAD SURROUNDING THE SITE, THE RING ROAD THAT PEOPLE TRAVEL ON, AND THE SPEED OF THE PEOPLE TRAVELING ON THAT SAID RING ROAD. THIS APPROVAL IS FURTHER DUE TO PUBLIC SAFETY ISSUES REGARDING THE SIZE, AND KEEPING IT IN PROPORTION WITH THE BUILDING AND THE SITE, AND PROVIDES SUBSTANTIAL JUSTICE TO THIS PETITIONER AS WELL AS OTHERS IN THE SURROUNDING AREA.

 

2. Case No.06-091 filed by Brad Wilson of Callison Architecture for 27640 Novi Road – Nordstrom located at Twelve Oaks Mall

Brad Wilson of Callison Architecture, Inc. is requesting three (3) wall sign variances to erect three (3) 217.5 square foot illuminated exterior wall signs at 27640 Novi Road for the new Nordstrom Store at Twelve Oaks Mall. The property is zoned RC and located north of I-96 and east of Novi Road.

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 the number of wall signs permitted.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2) b.1.a. (ii) b states: "A wall sign displayed on a building occupied by one (1) business… shall not exceed sixty-five (65) square feet."

CASE TABLED TO THE JANUARY 9, 2007 MEETING DATE WITH THE RECOMMENDATION OF THE BOARD TO REDUCE THE TOTAL SIZE OF THE SIGN REQUEST.

 

3. Case No. 06-093 filed by Jeffrey Sly of BWI Contracting, Inc. for 225 Eubank Street

Jeffrey Sly of BWI Contracting, Inc. is requesting six (6) setback variances for the construction of a new home with a front yard deck located at 225 Eubank Street. Applicant is requesting a 4.5-foot southwest side yard setback variance, an 8.5-foot northeast side yard setback variance with an aggregate total setback variance for both side yards of 13 feet. For the front yard deck the applicant is requesting a 3.58 southwest side yard setback and a 7.42 northeast side yard setback. A 3.1-foot variance is requested for the distance between the existing detached garage and the proposed new home.

Property is zoned R-4 and located north of South Lake Drive 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 an aggregate total of both side yard setbacks at twenty-five (25) feet.

REQUIRED SIDE YARD SETBACK (MIN) 10 FEET
PROPOSED SIDE YARD SETBACK 5.5 FEET
VARIANCE REQUESTED 4.5 FEET

REQUIRED SIDE YARD SETBACK (N.E.) 15 FEET
PROPOSED SIDE YARD SETBACK 6.5 FEET
VARIANCE REQUESTED 8.5 FEET

REQUIRED AGGREGATE OF BOTH SIDES 25 FEET
PROPSED AGGREGATE OF BOTH SIDES 12 FEET
VARIANCE REQUESTED 13 FEET

NOVI CODE OF ORDINANCES: Section 2908, "Projections in to Yards", may allow projections into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard.

ALLOWABLE SIDE YARD SETBACK (S.W.) 9.08 FEET
PROPOSED SIDE YARD SETBACK 5.5 FEET
VARIANCE REQUESTED 3.58 FEET

ALLOWABLE SIDE YARD SETBACK (N.E.) 13.92 FEET
PROPOSED SIDE YARD SETBACK 6.5 FEET
VARIANCE REQUESTED 7.42 FEET

NOVI CODE OF ORDINANCES: Section 2503, paragraph 1 (G) "Accessory Buildings" states that no detached accessory building shall be located closer than ten (10) feet to any main building.

REQUIRED DISTANCE 10 FEET
PROPOSED DISTANCE 6.9 FEET
VARIANCE REQUESTED 3.1 FEET

IN CASE NO. 06-093 TO APPROVE THE 4.5 FOOT MINIMUM SIDE YARD SETBACK VARIANCE REQUEST, THE 8.5 FOOT NORTHEAST SIDE YARD SETBACK VARIANCE REQUEST, THE 13 FOOT AGGREGATE OF BOTH SIDES VARIANCE REQUEST, THE 3.58 FOOT ALLOWABLE SOUTHWEST SIDE YARD SETBACK REQUEST, THE 7.42 FOOT NORTHEAST ALLOWABLE SIDEYARD SETBACK VARIANCE REQUEST AND THE 3.1 FOOT DISTANCE OF AN ACCESSORY BUILDING TO A MAIN BUILDING VARIANCE REQUEST DUE TO THE PRACTICAL DIFFICULTY OF THE UNIQUE CIRCUMSTANCES OF THE PROPERTY AROUND THE LAKE AREA AND THE CIRCUMSTANCES ARE NOT SELF CREATED.

 

4. Case No. 06-094 filed by Ron Nuechterlein of Superior Diversified Services Corporation for City Center Plaza Phase 4 located south of Grand River Avenue and west of Novi Road

Ron Nuechterlein of Superior Diversified Services Corporation is requesting a 130 square foot loading space requirement variance for the construction of a new 3,640 square foot single story building at City Center Plaza Phase 4, sidwell 22-22-227-002, 22-22-227-003 and 22-22-227-004.

Property is zoned TC-1 and located south of Grand River and west of Novi Road.

NOVI CODE OF ORDINANCES: Section 2507, Paragraph 2 "Off Street Loading and Unloading" states that within a TC-1 district loading and unloading space shall be provided in the rear yard at a ratio of ten (10) square feet for each front foot of building.

BUILDING FRONTAGE 70 FEET

REQUIRED LOADING SPACE 700 SQ FEET
PROPOSED LOADING SPACE 570 SQ FEET
VARIANCE REQUEST 130 SQUARE FEET

IN CASE NO. 06-094 TO APPROVE THE 130 FOOT VARIANCE REQUEST FOR A REDUCTION IN LOADING AREA DUE TO THE FACT THAT THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY GIVEN THE CONSTRAINTS OF THE PROPERTY AND HAS PROVED THAT THIS LOADING ZONE WILL BE ADEQUATE FOR THIS PLANNED BUSINESS USE.

 

OTHER MATTERS

ZBA Training Sessions

ITC: Don Saven – Project Preview

Main Street: Phase One

Loading Reduction

Parking Setbacks

 

Meeting adjourned at 9:15