ZONING BOARD OF APPEALS ACTION SUMMARY
CITY OF NOVI
Regular Meeting
Tuesday, February 12, 2008 | 7:00 P.M.
Council Chambers | Novi Civic Center | 45175 W. Ten Mile Road
(248) 347-0580

Roll call Members Bauer, 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

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.

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…"

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."

Daniel Dempsey of Chameleon Power is requesting one 30 square foot ground sign variance for the continued use of a previously approved (ZBA97-095/A) 10 x 3 foot ground sign to be located at 42400 Nine Mile Road. The applicant has an approved wall sign for this building. Property is zoned I-1 and is located west of Venture Drive and north of Nine Mile 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 permitted under this section."

IN CASE NO 08-001 PETITIONER’S REQUEST BE GRANTED GIVEN THE FACT THAT THE DOCUMENTATION AS WELL AS THE VERBALIZED COMMENTS HAVE ESTABLISHED A PRACTICAL DIFFICULTY GIVEN THE HEIGHT AND THE GRADE OF THE PROPERTY AND AS A WAY TO IDENTIFY THE CENTER. THE VARIANCE WILL BE FOR THIS PETITIONER ONLY.

Motion Carried: 7-0
Motion Maker: Fischer

Joseph Locricchio of Trillium Village is requesting one 15.5 square foot area sign variance and one three (3) foot sign height variance for an 8 foot tall real estate marketing sign to be located at the entrance to Trillium Drive for Trillium Village of Novi. Property is zoned R-3 and is located west of Haggerty Road and north of Nine Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) Temporary Signs states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the residential property upon which the sign is located shall not exceed six (6) square feet in area or five (5) in height."

PROPOSED SQUARE FOOTAGE           21.5 SQ FT
MAXIMUM ALLOWED                               6 SQ FT
VARIANCE REQUESTED                       15.5 SQ FT

PROPOSED HEIGHT                              8 FEET
MAXIMUM HEIGHT                                 5 FEET
VARIANCE REQUESTED                        3 FEET

Art Lancaster of Huron Sign Company representing Biggby Coffee is requesting one 33.69 square foot area sign variance for the north elevation of Outlot Building #2 located at 43346 Grand River Avenue in the Novi Town Center. This business has 25 feet of street frontage. The applicant is also requesting an additional wall sign for the south elevation of the building measuring 64.94 square feet. Property is zoned TC-1 and is located north of Grand River and east of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b. 1. (a) (i) a. Area height and placement regulations states: "A business having a first floor pedestrian entrance shall be allowed one and one-fourth (1 ¼) square feet of signage per linear foot of contiguous public or private street frontage up to a maximum of sixty-five (65) square feet."

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."

IN CASE NO 08-003 GRANT THE VARIANCE BECAUSE THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY. HE HAS ESTABLISHED A UNIQUE CIRCUMSTANCE REGARDING THE SUBJECT PROPERTY BECAUSE OF THE BUILDING BEING ON A CORNER JUSTIFYING THE NEED FOR SIGNAGE VIEWABLE FROM BOTH STREETS. THE PETITIONER HAS ESTABLISHED THAT THE PROPOSED USE IMPROVEMENT WILL NOT BE A DETRIMENT TO PUBLIC SAFETY AND WELFARE DUE TO IT BEING CONSISTENT WITH OTHER APPROVED SIGNAGE FOR THE SAME BUILDING. THE PETITIONER HAS ESTABLISHED THAT THE USE IMPROVEMENT WILL NOT IMPAIR AN ADEQUATE SUPPLY OF LIGHT AND AIR OF ADJACENT PROPERTIES BECAUSE THE BUILDING IS A STAND ALONE AND IS A SUBSTANTIAL DISTANCE FROM OTHER BUILDINGS. THE PETITIONER HAS ESTABLISHED THAT THE PROPOSED USE IMPROVEMENT WILL NOT UNREASONABLY IMPAIR OR DIMINISH ESTABLISHED PROPERTY VALUES WITHIN THE SURROUNDING AREA OR IMPAIR THE INTENT OR PURPOSE OF THE ORDINANCE. THE CONDITION OF APPROVAL IS THE SIGN IS NOT TO EXCEED THE SQUARE FOOTAGE OF PREVIOUSLY APPROVED SIGNAGE ON SAID BUILDING AND MUST BE CONSISTENT BY THE NORTH AND SOUTH ELEVATIONS.

Motion Carried: 7-0
Motion Maker: Shroyer

Rules and Procedures:

An informal meeting of the full Board will be scheduled to review ZBA appointment policy and sections of the Rules of Procedure document.

Elections: The Board unanimously elected:

Chairperson Justin Fischer

Vice Chair Mav Sanghvi

Secretary Linda Krieger