Roll call Members Bauer, Canup, Fischer, Ibe, Krieger, Sanghvi, Shroyer and Wrobel

Also Present: Beth Kudla, City Attorney; Alan Amolsch, Ordinance Officer; Robin A. Working, ZBA Recording Secretary; Chris Fox, Community Development Department Liaison, Karen Reinowski, City Planner

1. Please turn off pagers and cell phones during the meeting.
2. Applicant/Representative will be asked to come forth, state their name and address and be sworn in by the Secretary.
3. Applicants/Representatives will be allowed five (5) minutes to address the Board and present their case. An extension of time may be granted at the discretion of the Chairperson.
4. Anyone in the audience who wishes to address the Board regarding the current case will be asked by the Chairperson to raise their hands to be recognized.
5. Once recognized, audience members addressing the Board will be sworn in and given three (3) minutes to speak as an individual or ten (10) minutes to speak if representing a group.
6. Members of the audience will be allowed to address the Board once unless directly questioned by a Board member or the Chairperson.
7. The Secretary will read the number of public hearing notices mailed pertaining to the current case. Objection and approval responses will be entered into the record at this time.
8. The Chairperson will ask for input from the Community Development Department Liaison, the Ordinance Enforcement Officer, the Planning Department and the City Attorney.
9. The Chairperson will turn the case over to the Board for discussion, clarification and entertain a motion when appropriate.
10. Impromptu statements from the audience during discussion by the Board will be considered out-of-order.
11. A roll call vote will be taken to approve or deny the motion on the table and the next case will be called.

Kim Capello is requesting seven variances for the proposed use of an existing non conforming structure and the use of land for a professional office located at 26444 Taft Road. Applicant is proposing use of an existing residential structure in an I-1 district for an office, without structural alterations, on a temporary basis until a new structure can be approved and built. Applicant is requesting one front yard setback variance, one front yard parking setback variance, one off street parking configuration variance, one variance from the number of required parking spaces, one parking space dimension and maneuvering lane area variance, one parking surfacing variance and one variance from the required standards for landscaping. Property is zoned I-1 and located south of Grand River and east of Taft Road.

CITY OF NOVI, CODE OF ORDINANCES, Article 24. Schedule of Regulations Section 2400 states:

REQUIRED FRONT YARD SETBACK (From future 120’ right-of-way)         40 FEET
PROPOSED FRONT YARD SETBACK                                                      .5 FEET
VARIANCE REQUESTED                                                                      39.5 FEET

REQUIRED FRONT YARD PARKING SETBACK                                      40 FEET (From future 120’ right-of-way)
PROPOSED FRONT YARD PARKING SETBACK                                      0 FEET
VARIANCE REQUESTED                                                                       40 FEET

CITY OF NOVI, CODE OF ORDINANCES, Section 2505.4 Off Street Parking Requirements states: "Required off street parking shall consist of an unencumbered parking stall or strip, parking bay, vehicle maneuvering space or driveway, garage or combinations thereof."

CITY OF NOVI, CODE OF ORDINANCES, Section 2505.14.d. (2) Number of Minimum Parking Spaces Per Unit of Measure states: "Business offices or professional offices shall have one (1) for each two hundred twenty- two (222) square feet of gross leasable area."

REQUIRED NUMBER OF PARKING SPACES          3 SPACES
PROPOSED NUMBER OF PARKING SPACES         0 SPACES
VARIANCE NEEDED                                              3 SPACES

CITY OF NOVI, CODE OF ORDINANCES, Section 2506.2 Off-Street Stacking Space, Layout Standards, Construction and Maintenance states: "Plans for the layout of off-street parking facilities shall be in accord with the following minimum requirements:"

REQUIRED PARKING SPACE WIDTH                   9 FEET
PROPOSED PARKING SPACE WIDTH                 0 FEET
VARIANCE NEEDED                                            9 FEET

REQUIRED PARKING SPACE LENGTH                19 FEET
PROPOSED PARKING SPACE LENGTH                0 FEET
VARIANCE NEEDED                                           19 FEET

REQUIRED MANEUVERING LANE WIDTH            24 FEET
PROPOSED MANEUVERING LANE WIDTH            0 FEET
VARIANCE REQUIRED                                         24 FEET

CITY OF NOVI, CODE OF ORDINANCES, Section 2506.8 Off Street Stacking Space, Layout Standards, Construction and Maintenance states: "The entire parking area, including parking spaces and maneuvering lanes, required under this section shall be provided with asphalt or concrete surfacing in accordance with the parking standards contained in the City’s Design and Construction Standards."

CITY OF NOVI, CODE OF ORDINANCES, Section 2509 Landscape Standards: Obscuring Earth Berms and Walls, Rights-of-Way Berms and Walls, Rights-of-Way Buffers, and Interior and Exterior Landscape Plantings states: "Landscape regulation is intended to establish minimum standards for all property in the City. Property owners and occupants are encouraged to exceed these standards, to minimize paved areas and other run-off areas, and to maximize the areas devoted to attractively designed and well-maintained landscapes."

IN CASE NO.07-093 GRANT THE PETITIONER’S REQUEST AS STATED ON THE TEMPORARY BASIS OF EIGHTEEN (18) MONTHS GIVEN THE FACT THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY GIVEN THE NARROWNESS AND SHAPE OF THE LOT, GIVEN THE APPLICANT’S STATEMENTS REGARDING AMPLE PARKING FOR PEOPLE, AND GIVEN THE FACT THAT IT WOULD BE IMPRACTICAL AND BURDENSOME FOR THE APPLICANT TO BRING THE STRUCTURE INTO COMPLIANCE IN ORDER TO USE SAID PROPERTY.

ONE CONDITION: THAT LIFE AND SAFETY ISSUES IDENTIFIED DURING THE BUILDING INSPECTION ARE ADDRESSED WITHIN SIXTY (60) DAYS.

Motion Carried: 7-0
Motion Maker: Fischer

Jeffrey Wainwright of Paradise Park is requesting one (1) sign variance to allow the display of multiple event notices at a rate of 3 seconds per notice for the existing illuminated ground sign located at 45799 Grand River Avenue. The property is zoned I-1 and is located the south of Grand River Avenue and west of Taft 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…"

Jason Parent of Nadlan II, LLC is requesting one 39 square foot ground sign variance for the placement of an entranceway sign for Beck North Corporate Park in the right-of-way boulevard of Hudson Drive. Property is zoned I-1 and located north of West Road and west of West Park Drive.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) d. 1 Area height and placement entranceway sign states "Maximum of twenty-four (24) square feet, not less than ten (10) feet from any street right-or-way."

Tammy Stubbe of Singh Homes Building Company is requesting one 62.5 square foot ground sign variance renewal for the continued use of a 9’ 3" x 6’ 10" subdivision business sign for Willowbrook Farm Subdivision Phase IV. The sign is currently located on the NE corner of Clermont and Meadowbrook Road at the entrance of Phase III of Willowbrook Farm. Property is zoned R-4 and located north of Ten Mile Road and east of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (2) Temporary Signs states "Subdivision business sign which advertises residential subdivision under development and the name of the developer, architects, builders, lenders, or sales brokers is 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."

IN CASE NO.07-096 DENY THE PETITIONER’S REQUEST GIVEN THE FACT THAT THE PETITIONER HAS NOT ESTABLISHED A PRACTICAL DIFFICULTY GIVEN THAT THE SIGN IS FAIRLY LARGE FOR MEADOWBROOK ROAD AND DISTRACTING TO THOSE PEOPLE. IT IS OVERSHADOWING TO THE NEIGHBORS WHO RESIDE IN THE HOME OWNER ASSOCIATION AND THAT APPROVING THIS VARIANCE WOULD NOT BE IN THE SPIRIT OF THE ORDINANCE AND ALLOW SUBSTANTIAL JUSTICE TO THE HOME OWNERS OF WILLOWBROOK FARM PHASES I, II AND III. THE BOARD ALSO FOUND THE TEN MILE SIGN WAS SUFFICIENT.

Motion Carried: 6-0 (Member Wrobel recused)
Motion Maker: Fischer

Patrick Stieber of Allied Signs representing Men’s Wearhouse Tux is requesting one 41.70 square foot illuminated wall sign variance for the placement of an exterior elevation wall sign located at 27500 Novi Road Space # D290 at the Twelve Oaks Mall. Property is zoned R-C and located north of I-96 and east of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) f. Number of on-premises advertising signs permitted states " Where two (2) 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."

William Hass of Thompson-Phelan Group, Inc. representing Lotus Bank is requesting one 25.6 square foot illuminated wall sign variance for the placement of a 14 x 22 foot east elevation logo wall sign for the Lotus Bank located at 44350 Twelve Mile Road. Property is zoned OS-1 and located north of Twelve Mile Road and east of Dixon Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) h. Number of on-premises advertising signs permitted states " Except in the TC-1 and GE districts, where a corner lot or parcel occupied by a single business and situated on two (2) or more thoroughfares, wall signs may be permitted on each thoroughfare in accord with this chapter."

IN CASE NO.07-098 GRANT THE PETITIONER’S REQUEST FOR A 25.6 SQUARE FOOT ILLUMINATED WALL SIGN VARIANCE, HE SHOWED HIS UNIQUENESS, THEY HAVE A CORNER AND TAKING INTO CONSIDERATION THE NATURAL BEAUTY ROAD AND REGARDS TO ELEVATIONS.

Motion Carried: 7-0
Motion Maker: Krieger

Michael Condon is requesting three side yard setback variances and one total lot coverage variance for the construction of a new home in the J. W. Hawthorne Subdivision located at 1411 West Lake Dr. The property is zoned R-4 and located south of Pontiac Trail and east of West Lake Dr.

CITY OF NOVI, CODE OF ORDINANCES: ARTICLE 24 Section 2400 Schedule of Regulations requires a minimum side yard setback of ten (10) feet with an aggregate setback of both side yards of twenty-five (25) feet and maximum lot coverage of 25%.

MINIMUM REQUIRED SIDE YARD SETBACK (NORTHEAST)      10 FEET
MINIMUM PROPOSED SIDE YARD SETBACK (NORTHEAST)      5 FEET
VARIANCE REQUESTED                                                           5 FEET

REQUIRED SIDE YARD SETBACK (SOUTHWEST)                     15 FEET
PROPOSED SIDE YARD SETBACK (SOUTHWEST)                     5 FEET
VARIANCE REQUESTED                                                           10 FEET

REQUIRED SIDE YARD SETBACK (BOTH SIDES)                       25 FEET
PROPOSED SIDE YARD SETBACK (BOTH SIDES)                     10 FEET
VARIANCE REQUESTED                                                           15 FEET

MAXIMUM LOT COVERAGE ALLOWED                                       25 %
PROPOSED LOT COVERAGE                                                     27 %
VARIANCE REQUESTED                                                              2 %

IN CASE NO.07-028 GRANT THE VARIANCE. THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY. PETITIONER HAS ESTABLISHED THE COMPLIANCE WITH THE STRICT LETTER OF THE RESTRICTION OF THE ORDINANCE WOULD UNREASONABLY PREVENT THE USE OF THE PROPERTY WOULD BE UNNECESSARILY BURDENSOME BECAUSE IT WOULD PREVENT THE PETITIONER FROM BUILDING A REASONABLY SIZED RESIDENCE COMPARABLE TO OTHERS ON THE STREET. THE PETITIONER HAS ESTABLISHED UNIQUE CIRCUMSTANCES REGARDING THE NARROWNESS AND SHAPE OF THE SUBJECT PROPERTY BECAUSE OF THE LOT LAY OUT. THE PETITIONER HAS ESTABLISHED THAT THE PROPOSED USE IMPROVEMENTS WILL NOT BE A DETRIMENT TO THE PUBLIC SAFETY AND WELFARE BECAUSE IT HAS MAINTAINED ADEQUATE SET BACKS TO ASSURE SAFETY CONCERNS ARE MET AND THE PETITIONER HAS ESTABLISHED THAT THE USE IMPROVEMENT WILL NOT IMPAIR AN ADEQUATE SUPPLY OF LIGHT, AIR TO ADJACENT PROPERTIES AND WILL NOT UNREASONABLY IMPAIR OR DIMINISH ESTABLISHED PROPERTY VALUES WITHIN THE SURROUNDING AREA BASED ON THE SUBMITTED DRAWINGS AND LOT LAY OUT.

Motion Carried: 7-0
Motion Maker: Shroyer

Marc O’Rourke of Pointe Park Condominiums LLC is requesting one 54 square foot construction identification sign renewal for the continued placement of a 6 x 9 foot ground sign located at 30662 Ardmore Court. Property is zoned RM-1 and located east of Beck Road and east of Dixon Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (1) Temporary Signs states "Construction identification sign which identifies the name of the project developers, contractors, engineers, architects, lenders, or brokers on a site being developed are valid until the issuance of first certificate of occupancy."

Applicant is requesting renewal of a construction identification sign for Pointe Park Condominiums.

IN CASE NO.07-099 DENY THE REQUEST OF THE APPLICANT FOR THE CONTINUED PRESENCE OF THIS QUOTE END QUOTE CONSTRUCTION IDENTIFICATION SIGN BECAUSE THE APPLICANT HAS FAILED TO DEMONSTRATE ANY HARDSHIP.

Motion Carried: 6-0 (Member Fischer recused)
Motion Maker: Sanghvi

Scott Elliot of CB Richard Ellis representing Novi Expo Center is requesting one 80 square foot wall sign variance for the placement of an 8 x 12 foot real estate leasing sign to be located on the building at 43700 Expo Center Drive for the Novi Expo Center. Property is zoned EXPO and is located south of I-96 and west of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) Temporary Signs states "Sale, rental or lease sign which identifies the sale, rental, or lease of the non-residential property upon which the sign is located shall be a ground pole or portable sign 16 square feet in area not less than one-half the distance between the principal building and adjacent street and not higher than ten (10) feet."

IN CASE NO.07-100 GRANT THE VARIANCE REQUESTED GIVEN THE FACT THAT THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY IN THE SIZE OF THE PROPERTY, THE SIZE OF THE BUILDING TRYING TO BE LEASED, THE DIFFICULTY OF LEASING SAID PROPERTY GIVEN THE CURRENT ECONOMIC SITUATION AND ALSO THAT THE LARGER SIZE IS REQUIRED DUE TO THE SETBACK FROM I-96 AS WELL AS WHEN YOU ARE GOING DOWN THE OFF RAMP. THE VARIANCE IS FOR THE PERIOD OF ONE YEAR AND THE SIGN WILL BE PLACED ON THE BUILDING WHERE THE APPLICANT HAS POINTED OUT PARALLEL TO I-96, THE NORTH ELEVATION WESTERN MOST POINT ON THAT SAID ELEVATION.

Motion Carried: 7-0
Motion Maker: Fischer

Betina Brown of the Original Sign Studio, Inc. representing Lydall is requesting one 16 square foot illuminated wall sign variance for the placement of an 8 x 2 foot wall sign to be located on the south west elevation of the building at 28875 Cabot Drive Suite 900 for Lydall Thermal/Acoustical, Inc. The North West elevation of the same building has an existing wall sign. Property is zoned OST and is located east of M-5 and west of Cabot Drive.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) J. Number of on-premises advertising signs permitted states "Where a building within the OST district on property which abuts the I-96 or I-275 freeways or the M-5 limited access corridor, a single additional wall sign may be utilized oriented toward the freeway or corridor, provided that no additional sign has been permitted, and provided that further said sign shall be of no larger size than the wall sign permitted on the front of the building."

IN CASE NO 07-101 APPROVE THE REQUEST FOR THE VARIANCE FOR THIS PARTICULAR EXTRA SIGN FOR BUSINESS IDENTIFICATION.

Motion Carried: 7-0
Motion Maker: Sanghvi

Kathryn Wichman of Innerface Architectural Signage representing Henry Ford Health System is requesting two variances for the placement of an 8’ 8" x 5’ 7" illuminated ground sign to replace the existing ground sign located at 40000 Eight Mile Road for the Henry Ford Medical Center office. Property is zoned OSC and is located north of Eight Mile Road and west of Haggerty Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) a. 1. ii Area height and placement regulations states "Ground signs shall not exceed one square foot for each two feet of setback from the nearest street center line as required."

PERMITTED GROUND SIGN AREA         32 SQUARE FEET
REQUESTED GROUND SIGN AREA       48.38 SQUARE FEET
VARIANCE REQUESTED                       16.38 SQUARE FEET

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) a. 2. ii Area height and placement regulations states: "A ground sign shall not exceed a height of six (6) feet."

GROUND SIGN HEIGHT PERMITTED      6 FEET 0 INCHES
GROUND SIGN HEIGHT REQUESTED    8 FEET 7 INCHES
VARIANCE REQUESTED                       2 FEET 7 INCHES

IN CASE NO.07-102 – A APPROVE THE PETITIONER’S REQUEST FOR A GROUND SIGN HEIGHT VARIANCE OF SEVEN INCHES, WHICH WOULD ALLOW THEM UP TO SIX FOOT SEVEN INCHES IN HEIGHT. WE APPROVE THE REQUESTED GROUND SIGN AREA VARIANCE AS REQUESTED OF UP TO 48.38 SQUARE FEET ALLOWING THE PETITIONER TO MOVE THE SIGN AROUND AS THE BOARD HAS RECOMMENDED AS THEY SEE FIT. THE REASONS BEING THAT THE TRAFFIC STUDY INDICATED BY THE PETITIONER; AS WELL AS THE HEALTH FACTORS OF MANY OF THEIR CLIENTS AND THE SURVEYS OF THEIR CLIENTS HAVE SHOWN THAT IT WILL BE IN THE PUBLIC INTEREST SAFETY AND WELFARE OF THE RESIDENTS OF NOVI AS WELL AS THOSE VISITING THAT PEOPLE ARE ABLE TO IDENTIFY THIS BUILDING ALSO DUE TO THE SIZE OF THE BUILDING AS WELL AS THE PROPERTY, AS WELL AS THE SPEED AND SET BACKS FROM EIGHT MILE ROAD. THE PETITIONER HAS ESTABLISHED SAID PRACTICAL DIFFICULTY.

Motion Carried: 7-0
Motion Maker: Fischer

Kathryn Wichman of Innerface Architectural Signage representing Henry Ford Health System is requesting two illuminated ground signs and three illuminated wall signs for the Henry Ford Medical Center office located at 39450 Twelve Mile Road. This location has approval for a single illuminated ground sign to be located on the corner of Twelve Mile Road and Haggerty Road. Property is zoned OST and located north of Twelve Mile Road and west of Haggerty Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) Number of on-premises advertising signs permitted states:

"No building or parcel of land shall be allowed more than one (1) sign."

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) a. 1. i. Area height and placement regulations states:

"Ground signs shall not exceed a maximum of thirty square feet in area."

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) a. 2. ii. Area height and placement regulations states:

"Ground signs shall not exceed a height of six feet."

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b. 1. (ii) a. Wall signs, area States:

"Multiple businesses: A wall sign displayed on a building occupied by two or more businesses shall not exceed 65 square feet in area."

IN CASE NO.07-102 – B APPROVE SIGN #2 AND SIGN #3 THE TWO GROUND SIGNS AS REQUESTED DUE TO THE FACT THAT THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY IN THE ELEVATION OF THE PROPERTY, THE TRAFFIC ON TWELVE MILE AND HAGGERTY ROADS, THE SPEED, AS THE WELL AS THE VOLUME AND THE NEED FOR TWO IDENTIFICATION SIGNS FOR THIS LARGE, LARGE PROPERTY.

Motion Carried: 7-0
Motion Maker: Fischer

IN CASE NO.07-102 – B WE APPROVE THE PETITIONER’S REQUEST FOR SIGN #4 AND SIGN #5 AS SUBMITTED DUE TO THE FACT THAT THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY THAT THE REQUEST IS BASED ON CIRCUMSTANCES THAT ARE UNIQUE TO THE PROPERTY SUCH AS THE SIZE OF THE BUILDING, THE LAY OUT OF THE BUILDING ON THE PROPERTY, AS WELL AS THE FACT THAT THE FAILURE TO GRANT RELIEF WILL RESULT IN SUBSTANTIALLY MORE THAN A MERE INCONVENIENCE AND THAT IT WILL IN FACT BE SAFER FOR THE RESIDENTS AND VISITORS OF THE CITY OF NOVI. LASTLY THE GRANTING OF RELIEF WILL NOT RESULT IN A USE THAT IS INCOMPATIBLE WITH SURROUNDING USES AND DOES SUBSTANTIAL JUSTICE TO THIS PROPERTY OWNER AS WELL AS THOSE SURROUNDING. I WOULD ALSO COMMENT THAT THE PETITIONER HAS CHOSEN TO WITHDRAW SIGN #6 SO WE WILL NOT TECHNICALLY TAKE ACTION.

Motion Carried: 7-0
Motion Maker: Fischer

New Member Welcome – Members welcomed Rickie Ibe as the newly appointed alternate to the ZBA.

Rules and Procedures – No action was taken.

ZBA07-047 1339 East Lake Drive – Request for variance extension – 180 day extension to submit for building permit approved. New expiration date: June 11, 2008.

ZBA07-058 23820 Lynwood – Request to withdraw ZBA Appeal – Informational follow up for the Board.

Motion Carried: 7-0

Motion Maker: Fischer