| View Agenda for this meeting View Minutes for this meeting REGULAR MEETING – ZONING BOARD OF
APPEALS Roll call Members Bauer, Canup, Fischer, Gatt, Krieger, Sanghvi and ShroyerAbsent Member Canup Pledge of Allegiance Rules of Conduct:
Approval of Agenda Approval of Minutes December 5, 2006 - Approved Public Remarks 1. Case No. 07-001 filed by Etkin Equities for Hilton Garden Inn located at 27355 Cabaret Drive Etkin Equities is requesting one variance for the construction of a four-story, 147 room hotel (Hilton Garden Inn) on unit four of the Timber Creek Office Park sidwell #5022-22-15-126-022. Applicant is requesting a twenty-foot side yard parking lot setback variance from the northern property line. The property is zoned OST and located south of 12 Mile Road and west of Cabaret Drive. CITY OF NOVI, CODE OF ORDINANCES, ARTICLE 2400 Schedule of Regulations requires a minimum 20-foot side yard parking lot setback in an OST zoned district. PROPOSED SIDE YARD PARKING SETBACK (NORTH) 0 FEET Applicant is requesting a 20-foot north side yard parking lot setback variance. IN CASE NO.07-001 GRANT THE PETITIONER’S REQUEST FOR A 20-FOOT NORTH SIDE YARD PARKING LOT SETBACK VARIANCE GIVEN HE HAS SHOWN THE ELEMENTS OF PRACTICAL DIFFICULTY AND THAT THIS L0T WILL BE DEVELOPED IN ACCORDANCE WITH THE SITE PLAN. THE PHYSICAL REALITY OF THE SITTING, PLACEMENT AND ORIENTATION WILL REMAIN UNCHANGED FROM SAID SITE PLAN. THE LAND UNIT DIVISION WAS REQUIRED BY THE LENDER IN ORDER TO FINANCE THE PROPERTY AND THAT FAVORABLE CONSIDERATION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE LAND OF THE ENVIRONMENT. THE APPLICANT WILL BE GRANTED 210 DAYS TO OBTAIN THEIR PERMIT. 2. Case No. 07-002 filed by Autumn Park LLC for Autumn Park III located on the SE corner of White Planes Drive and Beck Road Autumn Park LLC is requesting one (1) sign variance to allow a temporary Subdivision Business Sign to remain on the southeast corner of Beck Road and White Pines Drive for Autumn Park III. The property is zoned R-1 and is located north of Nine Mile Road and east of Beck Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (2) states: "Subdivision (or site condominium) business sign which advertises residential or commercial or industrial subdivision under development and the name of developer, architects, builders, lenders, or sales brokers…are valid until 80% of the lots in the subdivision (or in the case of a phased development, in the final phase of the subdivision) are issued certificates of occupancy." Applicant is requesting an extension for the Subdivision Business Sign to remain on the property. IN CASE NO. 07-002 GRANT THE PETITIONER’S REQUEST FOR A SIX MONTH EXTENSION FOR A TEMPORARY SUBDIVISION BUSINESS SIGN TO REMAIN ON THE SOUTHEAST CORNER OF BECK ROAD AND WHITE PINES DRIVE FOR AUTUMN PARK III. THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY IN THAT FAILURE TO GRANT RELIEF WILL UNREASONABLY AND SUBSTANTIALLY RESULT IN MORE THAN A MERE INCONVENIENCE. 3. Case No. 07-003 filed by Rick Scavo of 14 Mile Associates LLC located at 39525 W. 14 Mile Road Rick Scavo of 14 Mile Associates is requesting one (1) sign variance to allow the date, time, temperature and a message to alternately display on an existing business sign located at 39525 W 14 Mile Road. The property is zoned OST and is located on the south side of 14 Mile Road and ¼ mile west of Haggerty Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 (b)(4) Prohibited Signs states: "The following signs shall not be permitted, erected, or maintained in any district, anything in this chapter to the contrary notwithstanding": (4) animated signs as defined in Section 28-1 animated sign "means a sign, other than a changeable copy sign, whereby the sign itself or the information conveyed incorporates or involves action, motion…scrolling messages…" Applicant is requesting to allow date, time, temperature and message to alternately display on an existing sign. IN CASE NO.07-003 DENY THE APPLICANT’S SIGN VARIANCE REQUEST TO ALLOW DATE, TIME, TEMPERATURE AND MESSAGE TO ALTERNATELY DISPLAY ON AN EXISTING SIGN DUE TO THE FACT THAT THE APPLICANT HAS NOT DISPLAYED A REASONABLE AMOUNT OF PRACTICAL DIFFICULTY IN THIS CASE. PETITIONER WILL BE PERMITTED TO HAVE TIME AND TEMPERATURE DISPLAYED ONLY. 4. Case No. 07-004 filed by Michael Fellows of Mozart Homes LLC located at 51395 W. Ten Mile Road Michael Fellows of Mozart Homes LLC is requesting one (1) sign variance to allow a motor vehicle with advertising to be parked at 51395 W. Ten Mile Road. The property is zoned RA and is located on the south side of 10 Mile Road and east of Napier Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 (b)(11) Prohibited Signs states: "The following signs shall not be permitted, erected, or maintained in any district, anything in this chapter to the contrary notwithstanding": (11) "Unlawful Motor Vehicle Signs. It shall be unlawful to park, place or store a vehicle or trailer on which there is a motor vehicle sign on private or public property for the purpose of advertising a business or products or for the purpose of directing people to a business or business activity." Applicant is requesting to allow a motor vehicle with advertising to be parked on private property. IN CASE NO.07-004 TO APPROVE THE REQUEST TO ALLOW SAID MOTOR VEHICLE TO BE PARKED ON THE PROPERTY IDENTIFIED UNTIL SUCH TIME AS 1) THE CHURCH BEGINS CONSTRUCTION 2) FOR A PERIOD OF SIX MONTHS 3) AS LONG AS THE CHURCH CONTINUES TO GRANT PERMISSION TO ALLOW THE MOTOR VEHICLE TO BE PARKED ON THE PROPERTY. BY GRANTING THIS VARIANCE SUBSTANTIAL JUSTICE HAS BEEN DONE TO THE APPLICANT AND ADJACENT HOMEOWNERS IN THE COMMUNITY AT LARGE. THE PETITIONER HAS ESTABLISHED A SAFETY ISSUE DUE TO THE PRIOR VANDALISM OF THE MOTOR VEHICLE AS WELL AS THE GOOD WILL TOWARD THE CHURCH AND ITS MEMBERSHIP IN PROVIDING THEM USE OF THE MOTOR VEHICLE. 5. Case No. 07-005 filed by Gary F. Gebhardt of Apex Sign Company for Dollar Tree located at 45065 Pontiac Trail in the Novi Square Shopping Center Gary F. Gebhardt of Apex Sign Company is requesting one 47 square foot sign variance for a 112 square foot wall sign and one sign variance to allow an additional 25 square foot logo wall sign to be located at 45065 Pontiac Trail in the Novi Square Shopping Center. The property is zoned B-3 and is located on the south side of Pontiac Trail and east of Westgate Blvd. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b (1) (a) (i) a; Multiple Businesses states: "A business having a first floor pedestrian entrance shall be allowed one and one fourth square feet of signage per linear foot of contiguous public or private street frontage up to a maximum of sixty-five square feet". CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) F; Number of On-Premises Advertising Signs permitted states: "Where two or more separately owned and operated businesses occupy 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 47 square foot wall sign variance and one 25 square foot additional wall sign variance. IN CASE NO.07-005 GRANT THE PETITIONER’S REQUEST FOR AN ADDITIONAL 25 SQUARE FOOT LOGO SIGN DUE TO THE FACT THAT THE PETITIONER HAS ESTABLISHED THAT THIS ADDITION WILL NOT BE A DETRIMENT TO PUBLIC SAFETY AND WELFARE, IT WILL NOT DIMINISH THE SURROUNDING PROPERTIES, IT IS FAIR AND PROVIDES SUBSTANTIAL JUSTICE TO THIS PETITIONER AS WELL AS THE OTHERS WITHIN THIS SHOPPING CENTER. IN CASE NO.07-005 DENY PETITIONER’S REQUEST FOR A 47 SQUARE FOOT SIGN VARIANCE TO ALLOW A 112 SQUARE FOOT WALL SIGN WITH THE VERBIAGE OF "DOLLAR TREE" DUE TO THE FACT THAT THE PETITIONER HAS NOT ESTABLISHED THE ELEMENTS OF PRACTICAL DIFFICULTY. THE PETITIONER HAS NOT ESTABLISHED THAT THIS REQUEST IS BASED UPON CIRCUMSTANCES OR FEATURES THAT ARE EXCEPTIONAL OR UNIQUE TO THE PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY. THE PETITIONER HAS NOT ESTABLISHED THAT THE USE REQUESTED WOULD UNREASONABLY INTERFERE WITH ADJACENT OR SURROUNDING PROPERTIES AND THE PETITIONER HAS NOT ESTABLISHED THAT SUBSTANTIAL JUSTICE IS BEING DONE TO BOTH THE APPLICANT AND THE ADJACENT PROPERTY OWNERS. LASTLY PETITIONER HAS NOT ESTABLISHED THAT THIS VARIANCE REQUEST WOULD BE CONSISTENT WITH THE SPIRIT AND INTENT OF THE ORDINANCE AS STATED. 6. Case No. 07-006 filed by John W. Carpenter for 1328 East Lake Drive John W. Carpenter is requesting nine setback variances for the construction of a new home and unenclosed wood deck at 1328 East Lake Drive. Applicant is requesting an east front yard setback variance of 19 feet, a west rear yard setback variance of 12.1 feet, a north side yard setback variance of 6.25 feet, a south side yard setback variance of 11 feet, with an aggregate total of two side yards of 17.25 feet and a total lot coverage variance of 10%. Additionally applicant is requesting a northwest side yard setback variance of 2 foot 4 inches and a 6 foot 6 inch southwest side yard setback variance for the construction of an unenclosed wood deck. Property is zoned R-4 and is located east of Old Novi Road and north of Thirteen Mile Road. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24 Section 2400 Schedule of Regulations requires a front yard setback of thirty (30) feet, a rear yard setback of thirty-five (35) feet, 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 thirty-five (35) percent. REQUIRED FRONT YARD SETBACK (EAST) 30 FEET REQUIRED REAR YARD SETBACK (WEST) 35 FEET MINIMUM REQUIRED SIDE YARD SETBACK (NORTH) 10 FEET REQUIRED SIDE YARD SETBACK (SOUTH) 15 FEET REQUIRED SIDE YARD SETBACK (BOTH SIDES) 25 FEET PROPOSED LOT COVERAGE 35% Applicant is requesting six setback variances to build a new home. CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 29 Section 2907 Porches; Decks states: "An open, unenclosed and uncovered wooden deck may project into a required rear yard setback for a distance not exceeding eighteen (18) feet…" ALLOWABLE PROJECTION (REAR YARD) 18 FEET CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 29 Section 2908 Projections into yards states: "Architectural features, eaves, cornices, and roof overlaps, but including vertical projections, may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard ALLOWABLE PROJECTION (NORTHWEST SIDE YARD) 1 FOOT 8
INCHES ALLOWABLE PROJECTION (SOUTHWEST SIDE YARD) 2 FOOT 6
INCHES Applicant is requesting three variances to the allowable projection into the rear and side yard setbacks for the construction of an unenclosed wood deck. Case Tabled to the April 3, 2007 meeting by petitioner’s request. 7. Case No. 07-007 filed by Harry Chawney of Villagewood Properties LLC for Villagewood Place located on Kartar Lane west of Haggerty Road between Nine and Ten Mile Roads Harry Chawney of Villagewood Properties LLC is requesting one sign variance for the continued placement of a fifteen square foot, six foot high real estate marketing sign for Villagewood Place located on Kartar Lane west of Haggerty Road between Nine and Ten Mile Roads and zoned RM-1. Sign variance originally approved in ZBA04-092 for one year and extended for one year in ZBA05-107. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the residential property (other than multiple family apartment complexes) upon which the sign is located are limited to 6 square feet in area and 5 feet in height." Applicant is requesting the renewal of a real estate marketing sign 15 square feet in area and 9 feet in height. Case Tabled to April 3, 2007 meeting by petitioner’s request. 8. Case No.07-008 filed by John Dionne of Beacon Sign Company for Novi Big Boy located at 26401 Novi Road John Dionne of Beacon Sign Company is requesting two sign variances for the placement of a 25 square foot ground sign supported by a pole measuring 15 feet in height for the Novi Big Boy Restaurant located at 26401 Novi Road north of Grand River and south of I-96 and zoned TC-1. CITY OF NOVI, CODE OF ORDINANCES Section 28-1 (10) Ground Sign sates "A sign not attached to any building, supported by a monument placed in the ground surface such that the entire bottom of the sign is affixed to the ground and not supported by poles, columns or uprights". Applicant is requesting a variance to allow a ground sign supported by a pole. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) a 2ii Area height and placement regulation for ground signs states: All other ground signs shall not exceed a height of six (6) feet". Applicant is requesting a variance to allow a 15-foot ground pole sign. IN CASE NO.07-008 TO GRANT THE VARIANCE TO ALLOW A GROUND SIGN SUPPORTED BY A POLE AND TO ALLOW THE GROUND POLE SIGN TO MEASURE 15 FEET IN HEIGHT BASED ON THE FACT OF THE PRACTICAL DIFFICULTY OF THE APPLICANT DUE TO THE LOCATION OF THE PROPERTY. OTHER MATTERS 1. Elections
Board Member Fischer nominated Member Shroyer for Board Chair
Board Member Shroyer nominated Member Fischer for Board Vice Chair
Member Shroyer nominated Member Gatt for Board Secretary. 2. By-Law Updates
Glenda’s Nursery
Meeting Adjourned 9:42
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